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Based on the book Based on the book

“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

CHAPTER 1 - PRIMARY CHARACTERISTICS WHICH another, practices law, or acts merely as a consultant to guide the
DISTINGUISH THE LEGAL professionally in legal formalities. court in a doubtful question or issue
INTRODUCTORY PROFESSION Those who passed the Shari’a Bar not pending before it.
FROM BUSINESS entitled to be called ―Attorneys‖ unless “Bar” refers to the legal profession.
Preliminary admitted to the Philippine Bar. “Bench” refers to the judiciary.
Legal Ethics 1. A duty of public service. Counsel de parte: Client – one who engages the services
1. Branch of moral science which 2. A relation, as an ―officer of the o An attorney retained by a party of a lawyer for legal advice or for
treats of the duties which an court‖, to the administration of litigant, usually for a fee, to purposes of prosecuting or defending a
attorney owes to the court, to his justice involving thorough sincerity, prosecute or defend his cause in suit in behalf and usually for a fee.
client, to his colleagues in the integrity and reliability. court. Lawyer – this is the general term for a
profession and to the public. 3. A relation to clients with the highest o Implies freedom of choice either person trained in the law and
2. It is the embodiment of all degree of fiduciary on the attorney or the litigant. authorized to advice and represent
principles of morality and 4. A relation to the colleagues at the Counsel de oficio: others in legal matters
refinement that should govern bar characterized by candor, fairness o Attorney appointed by the court. Attorneys-At-Law – that class of
the conduct of every member of and unwillingness to resort to o To defend an indigent defendant persons who are licensed officers of the
the bar current business methods of in a criminal action. courts empowered to appear, prosecute
The law is not a trade nor a craft but a advertising and encroachment on o To represent a destitute party. and defend, and upon whom peculiar
profession. their practice, or dealing directly Attorney of record: duties, responsibilities and liabilities are
Its basic ideal is to render public service with their clients. o Attorney whose name, together developed by law as a consequence.
and secure justice to those who seek its with his address, is entered in the Attorney in fact- simply an agent
aid. Definitions record of the case as the whose authority is strictly limited by the
Those enrolled in its ranks should not ―LEGAL ETHICS‖ designated counsel of the party instrument appointing him. His
only master its tenets and principles but o Body of all principles of morality litigant. authority is provided in a special power
also accord continuing fidelity to them. and refinement that should o To whom judicial notices are of attorney or general power of
Obligation not an easy task due to govern the conduct of every sent. attorney or letter of attorney. He is not
commercialism in all fields of human member of the bar. A lawyer “of counsel” is an necessarily a lawyer.
endeavor. o ―Living spirit of the profession.‖ experienced lawyer, who is usually a Bar Association – an association of
To fulfill obligation: o Branch of moral science which retired member of judiciary employed members of the legal profession like the
1. Professional standards be treats of duties which an attorney by law firms as consultant. IBP where membership is integrated or
constantly inculcated among owes to the court, to his client, to Amicus Curiae is: compulsory.
lawyers. his colleagues, and to the public. o An experienced and impartial House Counsel – one who acts as
2. ―Manual of equipment‖ – rules Terms used to describe a member of attorney invited by the court to attorney for business though carried as
and ethics of the profession the legal profession: appear and help in the disposition an employee of that business and not
collated, readily available to o Lawyer, Attorney, or Attorney-At- of issues submitted to it. as an independent lawyer.
every attorney. Law. o It implies friendly intervention of Lead Counsel – the counsel on either
o Advocate, Barrister, Counsel or counsel to call the attention of side of a litigated action who is charged
Sources of Legal Ethics: Counselor. the court to some matters of law with the principal management and
1. The 1987 Constitution. o Proctor, Solicitor. or facts which might otherwise direction of a party’s case, as
2. Applicable Jurisprudence. o Spanish: Abogado. escape its notice and in regard to distinguished from his juniors or
3. Code of Professional o Filipino: Manananggol. which it might go wrong. subordinates.
Responsibility. The term refers to that class of persons o Appears in court not to represent Practicing Lawyer – one engaged in
4. New Civil Code. who by license are officers of the court any particular party but only to the practice of law who by license are
5. Rules of Court. empowered to appear, prosecute, and assist the court. officers of the court and who are
6. Revised Penal Code. defend. Amicus Curiae par excellence – bar empowered to appear, prosecute and
7. Local Government Code. A person who is a member of the associations who appear in court as defend a client’s cause.
Philippine Bar who, by warrant of amici curiae or friends of the court. Acts
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Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

Pro Se - an appearance by a lawyer in that will control the Supreme Court on 1. obtained the necessary degree in proper to assume and discharge the
his own behalf. its function to decide who may enjoy the study of law; responsibilities of an attorney.
Trial Lawyer – one who personally the privilege of practicing law. Could be 2. successfully taken the bar exams; 5. Has the privilege to set the judicial
handles cases in court, administrative considered unconstitutional. 3. admitted to the IBP; machinery in motion.
agencies of boards which mean SC POWER TO REGULATE PRACTICE OF 4. remain members thereof in good
engaging in actual trial work, either for LAW includes: standing; He can stand up for his right or the
the prosecution or for the defense of 1. Authority to define that term. 5. been authorized to practice law in right of his client even in the face of a
cases of clients. 2. Prescribe qualifications of a the Philippines. hostile court.
candidate and the subjects of the Membership in the bar is in the He has the right to protest, in respectful
Power to regulate practice of law bar exams. category of a mandate of public service language, any unwarranted treatment
The Constitution [Art. VIII, Sec. 5(5)] 3. Decide who will be admitted to of the highest order. of a witness or any unjustified delay.
vests this power of control and the practice. Lawyers are oath-bound servants of The rights and privileges which they
regulation in the Supreme Court. The 4. Discipline, suspend, or disbar any society whose conduct are clearly enjoy as officers of the court are
constitutional power to admit unfit or unworthy member of the circumscribed by the inflexible norms of necessary for the proper administration
candidates to the legal profession is a bar. law and ethics. of justice as for the protection of
judicial function and involves the 5. Reinstate any disbarred attorney. Primary duty is to the advancement of attorney and his client.
exercise of discretion. 6. Ordain the integration of the the quest of truth and justice. ―There can be no strong bar without
Const art. XII, sec. 14. Philippine bar. courageous and fearless attorneys.‖
o The practice of all professions in 7. Punish for contempt any person Privileges of an attorney As a man of law, his is necessarily a
the Philippines shall be limited to for unauthorized practice of law. 1. Privilege and right to practice law leader in the community, looked up to
Filipino citizens, save in cases 8. Exercise overall supervision of the during good behavior before any as a model citizen.
prescribed by law. legal profession. judicial, quasi-judicial, or administrative Integrity, ability, and learning often
The SC acts through a Bar Examination 9. Exercise any other power as may tribunal. makes him qualified to administer the
Committee in the exercise of its judicial be necessary to elevate the 2. Attorneys enjoy the presumption of Executive Departments or the
function to admit candidates to the standards of the bar and preserve regularity in the discharge of his duty. Legislative bodies.
legal profession. Thus, the Committee is its identity. (His statements, if relevant or material
composed of a member of the Court to the case, are absolutely privileged Duties of Attorneys (Rule 138, Sec 20)
who acts as Chairman and 8 members Power to regulate the practice of law is regardless of their defamatory tenor. – MEMORIZE!
of the bar who acts as examiners in the not an arbitrary or despotic power to be He can speak freely and courageously It is the duty of an attorney:
8 bar subjects with one subject exercised at the pleasure of the court. in proceedings without the risk of 1. To maintain allegiance to the
assigned to each. It is the duty of the court to exercise it criminal prosecution.) Republic of the Philippines and to
Practice of law is impressed with public by a sound and just judicial discretion. 3. Other privileges inherent in his status support the Constitution and obey
interest. as quasi-judicial officer: the laws of the Philippines;
o Attorney takes part in one of the Nature of office of attorney a. Passing the bar is equivalent to 2. To observe and maintain the respect
most important functions of the An attorney is more than a mere agent First-grade Civil Service eligibility due to the courts of justice and
State – The Administration of because he possesses special powers of for any position in the classified judicial officers;
Justice. trust and confidence reposed in him by service of the government, the 3. To counsel or maintain such actions
o Duty of the State to control and his client. duties of which require or proceedings only as appear to him
regulate the practice of law to Independent as the judge. knowledge of law. to be just, and such defenses only as
promote public welfare. In a limited sense, a public officer, b. Second-grade eligibility for any he believes to be honestly debatable
Practice of law is inseparably connected although not in the constitutional or other government position not under the law;
with the exercise of its judicial power in statutory meaning of the term. requiring proficiency in the law. 4. To employ, for the purpose of
the administration of justice. Occupies a quasi-judicial office because 4. The court, in admitting him to practice, maintaining the causes confided to
LEGISLATURE’S EXERCISE OF POLICE he is in fact an officer of the court. presents him to the public as worthy of him, such means only as are
POWER may enact laws regulating the The title “Attorney” is reserved to those its confidence and as a person fit and consistent with truth and honor, and
practice of law but may not pass a law who has: never seek to mislead the judge or
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Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

any judicial officer by an artifice or truthfulness, avoid encroachment in the 2. A relation as officer of the court
false statement of fact or law; business of other lawyers, uphold the Practice of law as a profession to the administration of justice
5. To maintain inviolate the confidence, honor of the profession. The practice of law is a profession, a involving thorough sincerity,
and at every peril to himself, to 3. Duties to the COURT – respect or form of public trust, the performance of integrity, and reliability.
preserve the secrets of his client, defend against criticisms, uphold which is entrusted only to those who 3. Relation to the client in the
and to accept no compensation in authority and dignity, obey order and are qualified to possess good moral highest degree fiduciary.
connection with his client's business processes, assist in the administration character. 4. Relation to colleagues at the bar
except from him or with his of justice. The legal profession is not a trade. characterized by candor, fairness,
knowledge and approval; 4. Duties to the CLIENT – entire To render public service and secure and unwillingness to resort to
6. To abstain from all offensive devotion to client’s interest. justice to those who seek its aid. current business methods of
personality and to advance no fact It is not a business, using bargain advertising and encroachment on
prejudicial to the honor or reputation Public versus private and personal counter methods to reap large profits. their practice, or dealing with
of a party or witness, unless duties The gaining of livelihood is not a their clients.
required by the justice of the cause PUBLIC DUTY: profession, but a secondary These characteristics make it a noble
with which he is charged; o Obey the law. consideration. profession and the privilege to practice
7. Not to encourage either the o Aid in the administration of The Code of Professional Responsibility, it is bestowed only upon individuals who
commencement or the continuance justice. particularly the ethical rule against are competent intellectually,
of an action or proceeding, or delay o Cooperate whenever justice is advertising or solicitation of academically, and morally.
any man's cause, from any corrupt imperiled. professional employment, rests on the A partnership in the practice of law is a
motive or interest; PRIVATE DUTY: fundamental postulate that the practice mere relationship or association for
8. Never to reject, for any o Faithfully, honestly, and of law is a profession. such particular purpose. It is not a legal
consideration personal to himself, conscientiously represent the Profession – A calling requiring entity. It is not a partnership formed for
the cause of the defenseless or interest of his client. specialized knowledge and often the purpose of carrying on a trade or
oppressed; PERSONAL DUTY, the obligation he requiring long academic preparation. business or of holding property.
9. In the defense of a person accused owes to himself. In fixing fees, remember that ―the Even if registered with the SEC, any
of crime, by all fair and honorable profession is a branch of the lawyer practicing under a law
means, regardless of his personal Such classification of public and administration of justice and not a mere partnership is considered a solo
opinion as to the guilt of the personal results from the three-fold money-making trade.‖ practitioner who is the taxpayer and not
accused, to present every defense capacity in which attorneys operate: Law advocacy is not capital that yields the law partnership.
that the law permits, to the end that o As a Faithful Assistant of the profits. Law prohibits a business or commercial
no person may be deprived of life or court in search of just solution to A calling, unlike mercantile pursuits partnership or juridical entity to engage
liberty, but by due process of law. disputes (Public Duty). which enjoy a greater deal of freedom in the practice of law since such cannot
o As a Trusted Agent of his client from government interference, is possess nor comply with the
FOUR-FOLD DUTIES OF A LAWYER (Private Duty). impressed with public interest. qualifications and requirements of a
o As a Self-employed Businessman Attorney is also entitled to protection lawyer.
1. Duties to SOCIETY – should not (Personal Duty). from the court against any attempt by
violate his responsibility to society, Rules and ethics demand that an his client to escape payment of his just Necessity of representation by counsel
exemplar for righteousness, ready to attorney subordinate his personal and fees. Employment of a person acquainted
render legal aid, foster social reforms, private duties to those which he owes Client is also protected against exaction with the rules becomes a necessity both
guardian of due process, aware of to the court and to the public. by his counsel of excessive fees. to the litigant and to the court.
special role in the solution of special Where his duties to his client conflict Litigant is not ordinarily versed in the
problems and be always ready to lend with those he owes to the court and the Primary Characteristics law and its intricacies.
assistance in the study and solution of public, the former must yield to the distinguishing the Legal Profession A court can adjudicate only in
social problems. latter. from Business: accordance with the law and the facts
2. Duties to the LEGAL PROFESSION – His obligations to his client take 1. A duty of public service, presented pursuant to well-established
candor, fairness, courtesy and precedence over his duties to himself. emolument is a by-product. rules of procedure and evidence.
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Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

A person unlearned in the law can In custodial investigations, any person In Regional Trial Court and Appellate due appreciation of their responsibilities
neither aid litigants nor the court in that under such for the commission of an Courts, a party to a civil suit may either to the courts, to the clients, to the bar,
regard. offense shall have the right to be conduct his litigation personally or by and to the public
Only a lawyer can properly and informed of his right to remain silent attorney unless the party is a juridical Supreme Court applied some of the
effectively extend such assistance. and to have competent and person. Canons in case of professional
The law profession came into being as a independent counsel preferably of his In Administrative Proceedings, right to misconduct.
result of that procedural development choice and any confession in violation of counsel is not indispensable to due The Integrated Bar of the Philippines
of the court, which created the such shall be inadmissible in evidence process. If a respondent had chosen to adopted in 1980 a proposed Code of
necessity for the attorney and made against him. represent himself without counsel Professional Responsibility submitted to
him an essential part of the judicial cannot later claim denial of due the Supreme Court for approval.
machinery. Consequences of denial of right to process. In 1988, the Supreme Court
The right of a litigant to counsel is a counsel Nothing in the Constitution that says promulgated the Code of Professional
recognition of the necessity that a The denial of such right, which may that a party in a non-criminal Responsibility.
litigant appear by counsel. either be the absence of assistance of proceeding is entitled to be represented The Code consists of 22 Canons and 77
There can be no fair hearing unless a counsel or the inadequate and grossly by counsel. Rules, divided into 4 Chapters:
litigant is represented by counsel. negligent representation may have The rule applies only in Civil and 1. The Law and Society.
A court cannot compel a litigant to adverse results. Administrative cases. It does not apply 2. The Lawyer and the Legal
prosecute or defend his cause 1. Admission of guilt without in cases involving grave and less grave Profession.
personally if he chose to appear by counsel, inadmissible in evidence. offenses where the accused must be 3. The Lawyer and the Courts.
counsel, nor can it assign a counsel de 2. Representation of a person represented by counsel and such right 4. The Lawyer and the Clients.
oficio for an accused and require said claiming to be a lawyer, is not waivable. The Code establishes the norms of
counsel to proceed with the trial when conviction shall be set aside and conduct and ethical standards for all
the accused has previously manifested a new trial undertaken. Canons of professional responsibility lawyers.
his desire to secure the services of a 3. Judgment of conviction even if A lawyer is answerable not only to his Failure to live up to any of its provisions
counsel de parte. final and executor may still be client but also to the court of which he is ground for disciplinary action.
SC subjects the lawyer to disciplinary recalled. is an officer. Faithful observance requires a thorough
action and administrative liability for his 4. Gross ignorance of law and He should do nothing which may tend understanding of the Code.
failure to properly attend to the interest procedure by counsel gives the to lessen the public confidence in the
of his client. accused another chance to fidelity, honesty, and integrity of the
present his evidence. legal profession.
Need for, and right to, counsel 5. Litigation may be reopened if the Professional standards serve as the
Party litigant needs the assistance of incompetence, ignorance, or lawyer’s chart and compass to resolve
counsel in al proceedings, inexperience of counsel is so difficult questions of duty and help
administrative, civil, or criminal. great and error committed is so minimize ethical delinquencies.
Not being a lawyer, he is ignorant of serious that the client is In 1917, the Philippine Bar Association,
the substantive and procedural laws prejudiced and denied his day in realizing that something more than the
which are applied to resolve disputes. court. Oath and Duties of a Lawyer was
Even if he is a lawyer, his personal or needed to attain the full measure of
emotional involvement may adversely When appearance by counsel not public respect, adopted as its own
affect his handling of the case. Thus, obligatory Canons 1 to 32 of the Canons of
even lawyers who are parties in a case In the Municipal Trial Court, a party Profession Ethics of the American Bar
need the guiding hand of counsel. may conduct his litigation in person or Association.
The need of a person for the assistance with the aid of an agent or friend In 1946, it again adopted as its own,
of counsel is felt more urgently in appointed by him or with an aid of an Canons 33 to 47.
criminal than in any other proceeding. attorney. Their enforcement by the courts and
observance by lawyers is indicative of a
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Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

CHAPTER 2 –ADMISSION B. What are the causes for responsibility to decide who may be A treaty, cannot be so interpreted as to
disciplinary action against him. admitted. entitle a holder of a law degree
TO PRACTICE C. Whether he should be disciplined, obtained in another country to practice
suspended, disbarred, or The Legislature, in the exercise of its law in this country without complying
A. JUDICIAL CONTROL reinstated. POLICE POWER may, however, enact with the requirements of existing law.
laws regulating the practice of law Accordingly, a Filipino citizen who
Admission to practice is a judicial Any legislative or executive judgment to protect the public and promote the obtained a law degree in another
function substituting that of the Supreme Court public welfare. country is not entitled to be admitted to
The power to admit applicants to the in the admission to the practice of law 1. A law declaring illegal and the Philippine Bar without complying
practice of law is judicial in nature and or suspension, debarment, punishable the unauthorized with the requirements.
involves the exercise of judicial reinstatement infringes upon and practice of law.
discretion. constitutes as an invalid exercise of the 2. Require further examination for Prescribing standards for law schools
Traditionally exercised by the Supreme legislative or executive power. any attorney desiring to practice CHED acts as an agency or in aid of the
Court as an inherent part of its judicial before any quasi-judicial or Supreme Court in the exercise of its
power. Legislative power to repeal, alter, or administrative agency. primary authority to determine who
Rationale comes from the nature of a supplement Whatever law may be passes is merely may be admitted to practice since such
judicial function and the role played by The 1935 and 1973 Constitutions in aid of the judicial power to regulate. authority is by Constitutional mandate
attorneys in the administration of provide that the Supreme Court shall But the legislature MAY NOT pass a law and rests and remains exclusively with
justice. have the power to promulgate rules that will control the Supreme Court in the high tribunal.
concerning the admission to the the performance of its function to CHED merely:
The admission to the practice of law practice of law but may be repealed, decide who may enjoy the privilege of 1. Exercises regulatory power over
requires: altered, or supplemented by the practicing law and any law of that kind law schools or certifies as to the
1. Previously established Rules and Batasang Pambansa. is unconstitutional as an invalid exercise satisfactory completion of the
Principles. (By Constitutional The 1987 Constitution deleted such of legislative power. prescribed courses of law study
mandate, a primary responsibility provision. RA 972 (the Bar Flunkers Act) aims to by an applicant for admission to
of the Supreme Court) The legislature may, however, enact admit to the Bar, those candidates who the bar examination.
2. Concrete Facts, past or present, laws with respect to the first requisite suffered from insufficiency of reading 2. Assumes some responsibility for
affecting determinate individuals. for the admission to the bar (Previously materials and inadequate preparation. the quality of instruction and
(Brought about by the applicant established Rules and Principles) that By its declared objective, the law is training required of an applicant
for admission to the bar) applicants should observe. contrary to public interest because it for membership in the bar.
3. A Decision as to whether the facts A. The legislature may pass a law qualifies 1,094 law graduates who
are governed by rules and for additional qualifications for confessedly had inadequate preparation Supreme Court incidental powers
principles. (Involves judicial candidates for admission to the for the practice of the profession, as (Incidental to its primary authority to
adjudication which essentially a practice or filling up deficiencies was exactly found by this Tribunal in decide who may be admitted to the
function of the court) in the requirements for admission the aforesaid examinations. An bar):
to the bar. adequate legal preparation is one of the 1. Fixing minimum standards of
To enable the court to properly B. Such law may not, however, be vital requisites for the practice of law instruction for all law schools to
discharge its responsibility for the given retroactive effect so as to that should be developed constantly observe.
efficient and impartial administration entitle a person, not otherwise and maintained firmly. 2. Setting up of the necessary
and to elevate and maintain the qualified, to be admitted. administrative machinery to
standard of the legal profession C. Such law will not preclude the Executive power in relation to practice determine compliance therewith.
requires that it must have the primary Supreme Court from fixing other The Chief Executive cannot, by 3. By way of sanction, refusal to
duty to decide: qualifications and requirements. executive order, admit a person to the admit to the bar exams law
A. Who may be admitted to the bar Reason: Legislature has no power to practice of law nor can he, by treaty graduates from schools failing to
as one of its officers. grant a layman the privilege to practice with another country, modify the rules meet those standards. May be
law nor control the Supreme Court in its on the admission to the bar.
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Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

implemented through of legal principles not possessed Private practice consists of frequent and 3. Preparation and filing of a
accreditation. by ordinary layman. customary actions, more than an pleading, motion, memorandum,
3. Appearance for clients before isolated appearance. or brief.
B. WHAT CONSTITUTES PRACTICE OF public tribunals. It contemplates succession of acts of 4. Examination of witnesses and
LAW the same nature habitually and presentation of evidence.
When a person participates in a trial customarily holding oneself out to the 5. Management and control of the
Practice of Law, generally and ―advertises‖ himself as a lawyer, he public as a lawyer. proceedings in court.
General principles and doctrines laid is in the practice of law. Isolated Appearance:
down by the courts explaining the Giving advice for compensation A. A judge who is prohibited from Representation before other agencies
meaning and scope of the term: regarding the legal status and rights of engaging in private practice of Appearances before any quasi-judicial,
1. To engage in the practice of law another constitutes practice of law. law has not violated this administrative, or legislative agency
is to do any of those acts which One who renders an opinion as to the prohibition when he appeared as constituting practice of law:
are characteristic of the legal proper interpretation of a statute and counsel for his cousin pro bono in 1. Interpretation and application of
profession. receives pay for it, is to that extent, a criminal case. laws.
2. Any activity in or out of court practicing law. B. Appearance as counsel in one 2. Presentation of evidence to
which requires the application of occasion is not conclusive as establish certain facts.
law, legal principle, practice or Engaging in the practice of law determinative of engagement in 3. Representing an applicant for
procedure and calls for legal presupposes the existence of a lawyer- the practice of law. registration of trademark, trade
knowledge, training and client relationship. C. Appearance of a city attorney as name, or service mark in the
experience. (Cayetano vs Where a lawyer undertakes an activity private prosecutor not within the Philippine Patent Office.
Monsod) without any such relationship, such as prohibition. (People vs. 4. Advocating or resisting claims
3. It is not limited to the conduct of teaching law or writing law books or Villanueva) before the NLRC, BoC, or BIR.
cases in court. legal articles cannot be said to be 5. Representing before a legislative
4. Includes legal advice, counseling, engaged in the practice of his An isolated appearance may, body regarding a proposed
and the preparation of legal profession as a lawyer. however, amount to practice: legislation or ordinance.
instruments and contracts by 1. Legislator cannot appear as
which legal rights are secured, Characteristics of term “Practice of counsel before any court of Character of the service and not the
which may or may not be pending Law” justice or Electoral Tribunals, or place where it is performed is the
in court. The phrase ―practice of law‖ implies quasi-judicial and administrative decisive factor determinative of whether
5. Strictly speaking, the word customarily or habitually holding bodies even in a single instance. the service constitutes practice of law.
practice of law implies the oneself out to the public, as a lawyer, 2. A layman’s representation as Service to prepare and prosecute a just
customary or habitual holding out for compensation as a source of defense counsel in a criminal case claim before a quasi-judicial or
of oneself to the public as a livelihood or in consideration of his is invalid and the conviction of administrative body same and
lawyer and demanding service. the accused may be set aside, as legitimate as the service rendered in
compensation for his services. Holding oneself out may be shown by violative of due process. court in arguing a cause.
[People vs. Villanueva 14 acts indicative of that purpose.
SCRA 111] Thus, a layman is illegally engaged in Representation before the court Activity outside of court
the practice when he sends a circular Practice of law, as customarily Practice of law also consists of work
Three Principal Types of announcing the establishment of a law understood, means: performed outside of court:
Professional Activities: office for the general practice of law, or 1. Rendering of services to a o Giving legal advice on large
1. Legal advice and instructions to when the takes the oath of office as a person, natural or juridical, in variety of subjects.
the clients to inform them of their lawyer before a notary public and files a court on any matter through o Conveyancing and preparation
rights and obligations. manifestation with the Supreme Court various stages and in accordance and execution of legal
2. Preparation for clients of informing his intention to practice law. with rules of procedure. instruments covering an
documents requiring knowledge 2. Appearance before the court. extensive field of business and
trust and other affairs.
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Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

No valid distinction can be drawn Any person who has been duly licensed refuse to vote in its elections as he The attorney’s continued enjoyment of
between part of the work involving as a member of the bar in accordance chooses. The only compulsion to which the privilege conferred depends upon
appearance in court and that part with the statutory requirements and he is subjected is the payment of his complying with the ethics and rules
involving advice and drafting of who is in good and regular standing is annual dues. The Supreme Court, in of the profession.
instruments in his office. entitled to practice law. order to further the State’s legitimate
Practice of law need not be habitual Two basic statutory requirements: interest in elevating the quality of
services in litigations in court. A 1. Must have been admitted to the professional legal services, may require But practice of law is in the nature of a
person’s past work experiences as bar. that the cost of improving the right. While the practice of law is a
lawyer-economist, lawyer-manager, 2. After admission, must remain in profession in this fashion be shared by privilege, a lawyer cannot be prevented
lawyer-entrepreneur of industry, good and regular standing (a the subjects and beneficiaries of the from practicing law except for valid
lawyer-negotiator of contracts, and continuing requirement). regulatory program — the lawyers [In reasons, the practice of law not being a
lawyer-legislator more than satisfy the re: Edillon A.M. 1928] matter of state’s grace or favor.
constitutional requirement for Must have been admitted to the bar. A He holds office during good behavior
appointment as Chairman of the lawyer is one who: The rigid requirements and conditions and can only be deprived of it for
COMELEC that he has been engaged in 1. Passed the bar exams. are designed to admit to its ranks only misconduct.
the active practice of law for at least 2. Taken the lawyer’s oath before those who are adequately prepared, The state cannot exclude an attorney
ten years. (Cayetano v Monsod) the Supreme Court en banc. mentally and morally, to discharge the from the practice of law in a manner or
3. Signed in the roll of attorneys. duties of an attorney. for reasons that contravene the due
4. Received a certificate of license to The purpose, in the final analysis, is to process or equal protection clause of
practice law from the Clerk of protect the public, the court, the client, the Constitution.
Court of the Supreme Court. and the bar from incompetence and
ESSENTIAL CRITERIA 5. Furnished satisfactory proof or dishonesty of those who are unfit to A quasi-judicial or administrative
DETERMINATIVE educational, moral, and other become members. agency cannot restrict a lawyer’s
OF ENGAGING IN THE PRACTICE OF qualifications. Only those who are competent, privilege to practice law by imposing
LAW: (HACA) honorable, and reliable may practice conditions that amount to
1. Habituality- implies customarily or After Admission he or she must: law. discrimination nor limit such privilege
habitually holding oneself out to the 1. Remain an IBP member in good by requiring the passing of an
public as a lawyer standing by regularly paying IBP examination not sanctioned by law as a
2. Compensation- implies that one dues and other lawful assessments. Right and Privilege to practice prerequisite to appearing before such
must have presented himself to be 2. Pay annual privilege tax. agency.
in the active practice and that his 3. Faithfully observe the rules and The practice of law is not a natural, In that sense, the practice of law is in
professional services are available to ethics of the legal profession. property or constitutional right but a the nature of a right which cannot be
the public for compensation, as a 4. Be continually subjected to judicial mere privilege. lightly or capriciously taken away from
source of his livelihood or in disciplinary control. It is not a right granted to anyone who him.
consideration of his said services. demands it but a privilege to be
3. Application of law, legal Compulsory membership to the IBP is extended or withheld in the exercise of Practice without examination
principle, practice, or procedure not violative of a lawyer’s freedom of sound judicial discretion. Exceptions to the privilege afforded to
which calls for legal knowledge, association. Integration does not make It is in the nature of a franchise Filipino citizens who have passed the
training and experience. a lawyer a member of any group of conferred only for merit which must be bar exams to practice law:
4. Attorney-client relationship. which he is already a member. He earned by hard study, learning and A. Citizens of the United States who:
became a member of the bar when he good conduct. 1. Before July 4, 1946, were
passed the Bar Examinations. Bar It is a privilege accorded only to those duly licensed members* of
C. WHO MAY PRACTICE LAW integration does not compel the lawyer who measure up to certain rigid the Philippine Bar.
to associate with anyone. He is free to standards of mental and moral fitness. 2. In active practice in the
Persons entitled to practice law, attend or not attend the meetings of his Those standards are neither dispensed courts of the Philippines.
generally Integrated Bar Chapter or vote or with nor lowered after admission.
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3. In good and regular 3. In a criminal case before the Three Limitations in the appearance But it cannot practice law directly or
standing as such. MTC – in a locality where a duly of a layman on behalf of another: indirectly by employing a lawyer to
4. Took the oath of office. licensed member of the Bar is not 1. Layman should confine his work practice for it or to appear for others for
*Pursuant to the comity clause of the then available, the judge may appoint a to non-adversary contentions. its benefit.
Rules of Examination of Candidates for non-lawyer who is a resident of that Should not undertake purely legal Reasons:
Admission to the Practice of Law in the US province, of good repute for probity work such as examination of 1. Nature of the privilege and on the
during the American Regime. and ability to represent the accused witnesses or presentation of confidential and trust relation
B. Filipino citizens*, in the discretion in his defense. [Sec. 7, Rule 116] evidence. between attorney and client.
of the Court may be admitted 4. Student Practice Rule - A law 2. Services should not be habitually 2. The corporation (a juridical
without examination, who: student who has successfully rendered. person) cannot perform the
1. Are applicants for completed his 3rd year of the 3. Should not charge or collect conditions required for
admission and are enrolled regular 4-year prescribed law attorneys’ fees. membership in the bar, such as
attorneys in good standing curriculum and is enrolled in a the possession of good moral
in the Supreme Court of recognized law school’s clinical Right of party to represent himself character and other special
the United States or in any legal education program approved In Civil Cases, individual litigant has disqualifications, the taking of an
circuit court of Appeals or by the SC – may appear without the right to conduct his litigation oath and becoming an officer of
district court therein, or in compensation in any civil, criminal personally. the court, subject to its discipline,
the highest court of any or administrative case before any He will still be bound by the same rules suspension or removal.
State or Territory of the trial court, tribunal, board or officer, of procedure and evidence as those 3. The relation of trust and
United States. to represent indigent clients applicable to a party appearing through confidence cannot arise where
2. Can show certificates that accepted by the Legal Clinic of the counsel. the attorney is employed by a
they have practiced before school. [Sec. 1, Rule 138-A] The He may not be heard to complain later corporation to practice for it, his
July 4, 1946. student shall be under the direct that he has been deprived of the right employer and he owing, at best,
3. Have never been supervision and control of a member to the assistance of counsel. a secondary and divided loyalty
suspended or disbarred. of the IBP duly accredited by the law In Criminal Cases involving grave and to the clientele of his corporate
*Rule 138, Sec. 4, Rules of Court. school. [Sec. 2] less grave offenses, an accused who is employer.
5. Under the Labor Code – non- a layman must always appear by 4. The intervention of the
Practice without admission lawyers may appear before the NLRC counsel. He cannot conduct his own corporation is destructive of that
General Rule: Only those who are or any Labor Arbiter if they defense, as his right to counsel may not confidential and trust relation and
licensed to practice law can appear and (a) represent themselves; be waived without violating his right to is obnoxious to the law.
handle cases in court. (b)represent their organization or due process of law.
members thereof [Art. 222, By a Juridical Person: Persons authorized to represent the
Exceptions: PD 442] General Rule:Iit must always government
1. Before the MTC - a party may 6. A non-lawyer or layman may appear in court by a duly licensed Any official or other person appointed
conduct his case or litigation in represent a claimant before the member of the bar. or designated in accordance with law to
person with the aid of an agent or Cadastral Court [Sec. 9, Act. No. Exception: In the MTC, it may be appear for the government of the
friend appointed by him. [Sec. 34, 2259] represented by its agent or officer Philippines or any of its officials shall
Rule 138] 7. Any official or other person who need not be a lawyer. have all the rights of a duly authorized
2. Before any other court – a party appointed to appear for the member of the bar to appear in any
may conduct his litigation Government of the Philippines in Practice by Corporation case in which the government has an
personally. [Sec. 34, Rule 138]. He accordance with law shall have all It is well settled that a corporation interest, direct or indirect, or in which
is bound by the same rules in the rights of a duly authorized CANNOT engage in the practice of law. such official is charged in his official
conducting the trial of his case. He member of the bar in any case in It may, however, hire an attorney to capacity. [Sec. 33, Rule 138].
cannot, after judgment, claim that which said government has an attend to and conduct its own legal Solicitor General, Assistant Solicitor
he was not properly represented. interest [Sec. 33, Rule 138]. business or affairs. General, Solicitors and Trial Attorneys,

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State Prosecutors, Special Counsel, office, agency or instrumentality 9. Those prohibited by special laws
Special Prosecutor of the Ombudsman. When any of the public officials are of the government is the adverse – retired members of the
absolutely prohibited, they cease, as a party; judiciary.
Three Instances when a lawyer cannot general rule, to engage in private 2. Appear as counsel in any criminal
practice: practice of law and the right to practice case wherein an officer or A Civil Service Officer can engage in the
1. Appearance of Parties in Person. - is suspended during tenure of office. employee of the national or local practice of law only if:
In all katarungang pambarangay government is accused of an 1. The officer’s responsibilities do
proceedings, the parties must Lawyer member of the Legislature not offense committed in relation to not require his time to be fully at
appear in person without the absolutely prohibited. his office; the disposal of the government.
assistance of counsel or Prohibited only from appearing as 3. Collect any fee for their 2. With written permission from the
representative, except for minors counsel in: appearance in administrative head of the department
and incompetents who may be 1. Any court of justice. proceedings involving the local concerned.
assisted by their next-of-kin who 2. Electoral Tribunals. government unit of which he is an
are not lawyers. (SEC. 415. Local 3. Quasi-Judicial or Administrative official. [Sec. 90, R.A. 7160] A punong barangay needs to obtain
Government Code) bodies. 4. Use property and personnel of written permission from the Secretary
2. Appearance through a the government except when the of the DILG to appear as counsel.
representative must be for a valid What is prohibited is to ―personally Sanggunian member concerned is
cause. the representative of an appear.‖ defending the interest of the Liability for unauthorized practice
individual-party must not be a The word ―appearance‖ includes: government Any person prohibited from engaging in
lawyer, and must be related to or 1. Arguing a case before any such However, Sanggunian members may the practice of law or assumes to be an
next-of-skin of the individual- body. practice their professions, engage in attorney is liable for contempt of court,
party. juridical entities shall not 2. Filing a pleading on behalf of a any occupation, teach in schools punishable by fine or imprisonment or
be represented by a lawyer in any client as ―by simply filing a formal except during session hours. both.
capacity. (A. M. No. 08-8-7-SC, motion, plea or answer‖. Liable for Estafa, defrauds the litigant:
RULE OF PROCEDURE FOR SMALL Neither can he allow his name to WHO MAY NOT PRACTICE LAW? 1. If such unauthorized practice
CLAIMS CASES) appear in such pleading by itself or as Relative Prohibition causes damage to a party.
3. A lawyer shall not, after leaving part of a firm name under the signature 1. Senators and members of the 2. False representation and
government service, accept of another qualified lawyer because the House of Representatives rendering service in court in
engagement or employment in signature of an agent amounts to (prohibition to appear) behalf of litigant.
connection with any matter in signing of a non-qualified senator or 2. Members of the Sanggunian.
which he had intervened while in congressman, the office of an attorney Absolute Prohibition Criminal and Administrative Liability for
said service. (Rule 6.03, CANON being originally of agency, and because 1. All members of the Judiciary government officials prohibited from
6) he will, by such act, be appearing in 2. Judges and other officials as practicing law when doing such.
court or quasi-judicial or administrative employees of the Supreme Court.
Disability of Public Officials to practice body in violation of the constitutional 3. Government prosecutors. Remedies against unauthorized
Appointment or Election to a restriction. 4. President, Vice President, practice
government office disqualifies one to ―He cannot do indirectly what the members of the cabinet. 1. Injunction.
practice law. Constitution prohibits directly‖. 5. Members of Constitutional 2. Declaratory Relief.
1. Public office is a Public Trust. Commissions. 3. Contempt of Court.
Obliged to perform duties with RESTRICTIONS IN THE PRACTICE OF 6. Ombudsman and his deputies. 4. Petition for Disqualification.
exclusive fidelity. LAW OF THE MEMBERS OF THE 7. Solicitor General and Assistant 5. Complaint for Disbarment.
2. Avoid conflict of interests. SANGGUNIAN Solicitor General 6. Administrative complaint for public
3. Assure the people of impartiality They shall not: 8. All governors, city and municipal officer.
in the performance of public 1. Appear as counsel before any mayors. 7. Criminal complaint for Estafa
functions, thereby promote the court in any civil case wherein a
public welfare. local government unit or any
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D. QUALIFICATIONS FOR ADMISSION Public Policy demands that a person 1. Enrolled and passed regular
seeking admission to the practice of law fourth year review classes;
REQUIREMENTS FOR ADMISSION TO must 2. Attended a pre-bar review American lawyers in active practice of
THE BAR: 1. Possess the required educational course. law in the Philippines before July 4,
1. Citizen of the Philippines. qualifications. 1946 or a Filipino citizen enrolled as
2. Resident of the Philippines 2. Show a degree of learning and E. PROCEDURE FOR ADMISSION attorney in the United States before
3. At least 21 years old proficiency in law necessary for July 4, 1946, who desires admission
4. Successfully completed all prescribed the due performance of the duties Bar Examination Committee without examination should:
courses. of a lawyer. Examinations shall be conducted by a 1. File a petition with the Court
5. Passed the bar exams. To the lawyer is entrusted the committee of bar examiners to be along with his
6. Production before the Supreme protection of life, liberty, property, or appointed by the Supreme Court. This 2. License to practice
Court satisfactory evidence of: honor. committee shall be composed of: 3. Evidence that it has not been
a. Good moral character To approve officially one who is not 1. A Justice of the Supreme Court, revoked
b. No charges against him, adequately prepared to such a delicate as chairman and designated by 4. Certificates of professional
involving moral turpitude, task is to create a social danger. the court to serve for one year. standing.
have been filed or are pending 2. Eight (8) members of the
in any court in the Philippines. Bar Examination Philippine bar, who shall serve as Disclosure of involvement in any
Subjects chosen for these exams are examiners in the 8 bar subjects criminal case
Citizenship and Residence designed to eliminate any one whose and hold office for a period of one Applicant must show that no charges
Privilege denied to foreigners. general intelligence, learning, and year. against him involving moral turpitude
Takes into account the close connection mental capacity are inadequate to 3. Bar Confidant as liaison officer have been filed or pending in court in
of the practice of law with the enable him to assume and discharge between the Court and Chairman the Philippines (Rule 138, Sec 2, Rules
administration of justice. the duties of an attorney. and the Committee members. of Court)
An alien cannot well maintain allegiance Passing Grade: A general average of Also a deputy clerk of court. To enable the court to resolve whether
to the Republic of the Philippines, which 75% in all subjects without falling a particular crime involves moral
is required in the Oath of a Lawyer. below 50% in any subject. Application and supporting documents turpitude, applicant must disclose any
In determining the average, the Time for filing proof of qualifications.— crime of which he has been charged.
Good Moral Character subjects given the following relative All applicants for admission shall file If what has been concealed does not
Continued possession of good moral weights: with the clerk of the Supreme Court a involve moral turpitude, it is the fact of
character after admission is a 1. Civil Law 15% duly accomplished application form concealment and not the commission of
requirement for enjoyment of privilege 2. Labor and Social Legislation 10% together with supporting documents the crime itself that makes him morally
to practice. 3. Mercantile Law 15% concerning his qualifications at least 15 unfit.
Moral character is what a person really 4. Criminal Law 10% days before the beginning of the
is as distinguished from good reputation 5. Political and International Law examination. Burden of proof to show qualifications
or opinion generally entertained of him. 15% Applicants shall also file at the same Applicant assumes the burden of proof
Includes at least common honesty. 6. Taxation 10% time their own affidavits as to their age, to establish his qualifications to the
Opposite of immorality, which is the 7. Remedial Law 20% residence, and citizenship. (Rule 138, satisfaction of the court.
indifference to the moral norms of 8. Legal Ethics and Practical Sec. 7) After having presented prima facie
society. Exercises 5% evidence of his qualifications, any one
This requirement aims to maintain and Notice of applications.—Notice of objecting to his admission may offer
uphold the high moral standard and the A candidate who fails for three times is applications for admission shall be contrary evidence to overcome such
dignity of the legal profession. disqualified from taking another published by the clerk of the Supreme prima facie showing. Burden of proof
examination, unless he has shown to Court in newspapers published in shifts to the complainant.
Educational qualifications the satisfaction of the Court that he Pilipino, English and Spanish, for at
has: least 10 days before the beginning of Written examinations
the examination. (Rule 138, sec. 8) Annual examination.
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o Examinations for admission to the 4. To keep the examinee’s identity a Qualified applicants shall take and weigh his actions according to the
bar of the Philippines shall take secret and thus avoid any influence subscribe to the Oath of Office as a sworn promises he makes when taking
place annually in the City of to bear upon the examiner in the Lawyer. the lawyer’s oath. If all lawyers
Manila. valuation of his answers: A prerequisite to the admission of conducted themselves strictly according
o They shall be held in four days to a. The exam papers shall be practice of law and may only be taken to the lawyer’s oath and the Code of
be designated by the chairman of identified by numbers. before the Supreme Court. Professional responsibility, the
the committee on bar examiners. b. The name of the examinee is The court may deny the petition to take administration of justice will
o The subjects shall be distributed written in a piece of paper and the lawyer’s oath for: undoubtedly fairer, faster and easier for
as follows: sealed in an envelope. o Grave misconduct; everyone concerned. (In Re:
1. 1st day: Political and 5. Any candidate who violates any of o Pending complaint against the Argosino, 270 SCRA 26)
International Law the rules concerning the conduct of applicant
(morning), Labor and examination will be barred from By taking the lawyer’s oath, a lawyer
Social Legislation taking such and the same will be LAWYER’S OATH (MEMORIZE!!) becomes the guardian of truth and the
(afternoon); counted as a failure against him. rule of law and an indispensable
2. 2nd day: Civil Law I _____ , do solemnly swear that I will instrument in the fair and impartial
(morning),Taxation The conduct of the bar exams involves maintain allegiance to the Republic of the administration of justice. Good moral
(afternoon); public interest. Philippines; character includes at least common
3. 3rd day: Mercantile Law Any charge of anomaly requires prompt honesty. Deception and other
(morning) Criminal Law action from the Court to prevent I will support and defend its Constitution fraudulent acts are not merely
(afternoon); erosion of public faith in the bar and in and obey the laws as well as the legal unacceptable practices that are
4. 4th day: Remedial Law the court. orders of the duly constituted authorities disgraceful and dishonorable, they
(morning) Legal Ethics and therein; reveal a basic moral flaw. (Olbes vs.
Practical Exercises Correction and revaluation of grades Deciembre, 457 SCRA 341)
(afternoon). (Rule 138, The bar examiners correct the I will do no falsehood nor consent to its
sec. 11.) examination papers and submit the commission; Issuance of Certificate
grades and corrected papers to the bar After taking oath, the Supreme Court
The questions shall be the same for all confidant. I will not wittingly or willingly promote or admits him as a member of the bar for
examinees. The bar confidant tallies the individual sue any groundless, false or unlawful suit all courts of the Philippines.
Examinees shall answer the questions grades of every examinee, computes nor give aid nor consent to the same; An order be entered that a certificate of
personally without help from anyone. the general average, and prepares a such record be given him by the clerk of
Upon verified application made by an comparative data showing the I will not delay any man’s cause for money court.
examinee stating that his penmanship percentage of passing and failing in or malice and will conduct myself as a Such certificate is his license to practice
is so poor that it will be difficult to read relation to a certain average. lawyer according to the best of my law.
his answers without much loss of time, Results are submitted to the knowledge and discretion with all good Thereafter, he signs the roll of
the Supreme Court may allow such Examination Committee and to the fidelity as well to the court as to my attorneys, which is the official record
examinee to use a noiseless typewriter. Court. clients; and containing the names and signatures of
those who are authorized to practice
Restrictions to insure integrity in Any request for revaluation of the I will impose upon myself this obligation law.
examination answers and the grades given should be voluntarily, without any mental reservation
1. An examinee is prohibited from made by the examinee addressed to or purpose of evasion. Payment of IBP dues and privilege tax
bringing papers, books or notes into the Court. Membership by every attorney in the
the examination room. So help me God. IBP is compulsory.
2. He is not to communicate with the Obligation to support it financially.
other examinees during the exam. Administration of Oath The lawyer’s oath is not a mere o Every member of the Integrated
3. He is not to influence any member of ceremony or formality for practicing Bar shall pay such annual dues as
the committee on bar exams. law. Every lawyer should at all times the Board of Governors shall
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determine with the approval of CHAPTER 3 –LAWYER’S A. UPHOLDING THE CONSTITUTION

the Supreme Court. AND THE LAW
o Default in payment for 6 months DUTIES TO SOCIETY
shall warrant suspension. Duty to uphold the Constitution and
o Default in such payment for 1 obey the law
year shall be a ground for MEMORY AID FOR CANONS UNDER First and foremost duty of a lawyer is
removal of the name of the THIS SECTION: to:
delinquent member from the Roll 1. Promote and Respect the Law and Legal 1. Maintain allegiance to the
of Attorneys. Process (Canon 1) Republic of the Philippines;
o However, no action involving 2. Provide Efficient and Convenient Legal 2. Uphold the Constitution and
suspension or removal from the Services (Canon 2) 3. Obey the laws of the land.
roll shall be effective without final 3. Information on Legal Services that is Code of Professional Responsibility
approval of the Supreme Court. true, Honest, Fair and Dignified (Canon underscores the primacy of such duty.
3) Canon 1: “A lawyer shall uphold
Conditions sine qua non to the privilege 4. Support for Legal Reforms and the Constitution, obey the laws of
to practice law and to the retention of Administration of Justice (Canon 4) the land, and promote respect for
his name in the roll of attorneys : 5. Participate in Legal Education Program law and legal processes.”
1. Continued membership (Canon 5)
2. Regularly paying membership 6. Applies to Lawyers in Government Role of lawyers in the community:
dues and other lawful Service (Canon 6) While the duty to uphold the
assessments that it may levy. Constitution and obey the law is
an obligation imposed on every
A lawyer must comply with the CANON 1: A lawyer shall uphold the citizen, a lawyer assumes
requirement regarding payment of constitution, obey the laws of the land and responsibilities well beyond the
membership even though his practice is promote respect for law and legal process. basic requirements of good
―limited.‖ citizenship.
The exemption from payment of Rule 1.01. A lawyer shall not As a servant of the law, a lawyer
individual income taxes for senior engage in unlawful, dishonest, should moreover make himself an
citizens does not include payment of immoral or deceitful conduct. example for others to emulate.
IBP membership dues. Being a lawyer, he is supposed to
Rule 1.02. A lawyer shall not be a model in the community in
counsel or abet activities aimed at so far as respect for the law is
defiance of the law or at lessening concerned.
confidence in the legal profession.
A lawyer’s responsibilities are greater
Rule 1.03. A lawyer shall not, for than those of a private citizen.
any corrupt motive or interest, He must not subvert the law by
encourage any suit or delay any counseling in activities which are in
man’s cause. defiance of the law.
He should not allow his services to be
Rule 1.04. A lawyer shall encourage engaged by an organization whose
his clients to avoid, end or settle a members are violating the law, to
controversy if it will admit of a fair defend them when they get caught.
Duty not to engage in unlawful
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Canon 1, Rule 1.01. A lawyer shall not He should not allow his services to be them to organize and contest a fees which are often considerably less
engage in unlawful, dishonest, immoral engaged by an organization whose legislation under his guidance. when the cause is amicably settled. The
or deceitful conduct. member as violating the law, to defend 5. Purchasing notes to collect them problem of conflict of interests must be
them when they get caught. by litigation at a profit. resolved against self-interest.
As servant of the law, a lawyer should
moreover make himself an exemplar for The Supreme Court will not denounce Purpose of the prohibition: To prevent Parties to an amicable settlement enjoy
others to emulate. criticismmade by anyone against the ambulance chasing - solicitation of benefits better than those which can
Duty to obey the law and promote Court for, if well founded, can truly almost any kind of legal business by legally be secured to them by judicial
respect for law and legal processes have constructive effects in the task of laymen employed by an attorney for procedure.
demands that he shall not engage in the Court, but it will not countenance the purpose or by the attorney himself. Litigation involves time, expense, and ill
unlawful, dishonest, and immoral, or any wrongdoing nor allow the erosion of feelings, which may well be avoided by
deceitful conduct. our people’s faith in the judicial system, Ambulance chasing has spawned the settlement of the action.
Unlawful conduct is an act or omission let alone, by those who have been recognized evils and is prohibited A compromise or even a confession of
which is against the law. privileged by it to practise law in the because: judgment will:
Dishonesty involves lying or cheating. Philippines. (Estrada v. 1. It stirs up litigation with resulting 1. Accord respect to the just claim
Immoral or deceitful conduct is that Sandiganbayan, 416 SCRA 465 burdens on courts and the public; of the other party;
which is willful, flagrant or shameless (2003)) 2. Supports perjury. 2. Save the client additional
and which shows a moral indifference to 3. Defrauds innocent persons by expenses;
the opinion of the good and respectable Terrel was found guilty of malpractice judgments, upon manufactured 3. Help prevent clogging of the
members of the community. or gross misconduct for assisting in the causes of actions. docket.
establishment and acting as counsel for 4. Defrauds injured persons having
Moral turpitude ―includes everything the Centro Bellas Artes Club, an proper causes of action but
which is done contrary to justice, organization intending to evade the ignorant of legal rights and court
honesty, modesty, or good morals‖. It practice of law. (In Re Terrel (1903)) procedure by means of contracts
involves an act of baseness, vileness, or which retain exorbitant expenses
depravity in the private duties which a and by settlement made for quick
man owed his fellowmen, or to society Duty not to encourage lawsuits returns of fees against the rights
in general, contrary to the accepted and Rule 1.03. A lawyer shall not, for any of the injured persons.
customary rule of right and duty corrupt motive or interest, encourage
between man and woman, or conduct any suit or delay any man’s cause. Duty to encourage amicable
contrary to justice, honesty, modesty, settlement
or good morals. Among the unprofessional acts which Rule 1.04. A lawyer shall encourage his
come within the prohibition include the clients to avoid, end or settle a
Duty not to counsel illegal activities lawyer’s: controversy if it will admit of a fair
Canon1, Rule 1.02. A lawyer shall not 1. Volunteering advice to bring settlement.
counsel or abet activities aimed at lawsuit, except in rare cases
defiance of the law or at lessening where ties of blood, relationship, The function of a lawyer is not only to
confidence in the legal profession. or trust. conduct litigation but to avoid it where
2. Hunting up defects in titles or possible, by advising settlement or
A lawyer who defies a writ or other causes of action. withholding suit.
preliminary injunction has flouted his 3. Seeking out claims for personal He/she must act as mediator for
duties as a lawyer. injuries or those having any other compromise rather than an instigator
He should not promote an organization grounds of action to secure them and conflict.
known to be violating the law nor assist as clients. What sometimes beclouds a lawyer’s
it in a scheme which he knows is 4. Initiating a meeting of the judgment as to what is best for his
dishonest members of a club and inducing client is his/her eye on the attorney’s
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by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

the responsibility of the bar to make neglect to do so, until he is excused 2. He shall not decline to represent a
such services available.” therefrom by the court. person solely on account of the
CANON 2: A lawyer shall make his legal A wide gap exists between the need Every lawyer should: latter’s race, sex, creed or status of
services available in an efficient and and its satisfaction. This has been 1. Welcome the assignment as an life or because of his own opinion
convenient manner compatible with the mainly ascribed mainly to 2 reasons: opportunity to render public regarding the guilt of said person.
independence, integrity and effectiveness 1. Poverty and the consequent service; (Canon 14, Rule 14.01)
of the profession. inability to pay. 2. Show that the practice of law is a 3. If there is serious and sufficient
2. Ignorance not only of the need of profession; and cause, an appointment as counsel de
Rule 2.01. A lawyer shall not reject, legal services but also of where to 3. Demonstrate that the efficient oficio or as amici curiae, or a request
except for valid reasons, the cause find a competent and dependable discharge of his duties does not from the Integrated Bar of the
of the defenseless or the oppressed. lawyer. depend upon payment or amount Philippines or any of its chapters for
of fees. rendition of free legal aid. (Canon
Rule 2.02. In such cases, even if A lawyer shall not reject the cause of 14, Rule 14.02)
the lawyer does not accept a case, the defenseless The Integrated Bar of the Philippines
he shall not refuse to render legal Rule 2.01. A lawyer shall not reject, through its Committee on Legal Aid has EXCEPTION TO THE EXCEPTION: A
advice to the person concerned if except for valid reasons, the cause of established legal aid offices throughout lawyer may refuse to accept
only to the extent necessary to the defenseless or the oppressed. the country. representation of an indigent client if:
safeguard the latter’s rights. Stems from one of the obligations Its objective is to provide on a a. He is not in a position to carry
incident to the status and privileges of a nationwide basis legal services in favor out the work effectively or
Rule 2.03. A lawyer shall not do or lawyer – To represent the poor and of the poor segment of society. competently;
permit to be done any act designed oppressed in the prosecution of their Their policy is that legal aid is not a b. He labors under a conflict of
to primarily solicit legal business. claims or the defense of their rights. matter of charity. It is a means for the interests between him and the
Even in those instances in which he correction of social imbalance that may prospective client or between a
Rule 2.04. A lawyer shall not may not, for valid reasons, accept the and often do lead to injustice, which present client and the prospective
charge rates lower than those case, the lawyer ―shall not refuse to makes it a public responsibility of the client. (Canon 14, Rule 14.03)
customarily prescribed unless the render legal advice to the person Bar.
circumstances so warrant. concerned if only to the extent A valid reason to refuse is when the
necessary to safeguard the latter’s A lawyer shall not refuse to render lawyer is not in a position to carry out
B. MAKING LEGAL SERVICES rights.‖ (Rule 2.02.) legal advice the work effectively and competently.
AVAILABLE Rule 2.02. In such cases, even if the However he shall still render legal
The duty of a lawyer to accept the lawyer does not accept a case, he shall advice (such as those pertaining to
Generally cause of the defenseless and the not refuse to render legal advice to the preliminary steps a person can take).
A lawyer shall make his legal services oppressed empowers the court to person concerned if only to the extent But he shall refrain from giving legal
available in an efficient and convenient require him to render professional necessary to safeguard the latter’s advice if the reason for not accepting
manner compatible with the services to any party in a case, if the rights. the case is that there involves a conflict
independence, integrity and party is without means to employ an of interest (between him and a
effectiveness of the profession. attorney and the services of a lawyer GENERAL RULE: A lawyer may refuse prospective client or between a present
A lawyer who is qualified to provide are necessary to protect the rights of to accept the cause of the defenseless client and a prospective client).
efficient legal services should make such party or secure the ends of justice. or the oppressed. A lawyer is not In the case mentioned above, rendering
available such services to those who are To designate him as counsel de oficio obliged legal advice to the prospective client
in need thereof. for an accused if the latter is unable to to act as legal counsel for any person who will establish an attorney-client
IBP Committee that drafted the Code employ a counsel de parte. may wish to become his client. relationship between them and this will
explained: “A person in need of legal The lawyer so assigned has to render constitute a violation of the rule
services should be able to find a lawyer effective legal services, under the pain EXCEPTIONS: prohibiting a lawyer from representing
who is qualified to provide them. It is of disciplinary sanction should he fail or 1. A lawyer shall not refuse his services conflicting interests. (Canon 15, Rule
to the needy. 15.03)
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

850 (Mandatory Continuing Legal The reason for the rule is that a lawyer Rule 6.01. The primary duty of a
Participating in legal development Education), are required every 3 years does not shed his professional lawyer in public prosecution is not to
to complete at least 36 hours of obligations upon assuming public office. convict but to see that justice is done.
CANON 5: A lawyer shall keep abreast of continuing legal education activities, In fact, his professional obligations The suppression of facts or the
legal developments, participate in with appropriate penalties for failure to should make him more sensitive to his concealment of witnesses capable of
continuing legal education programs, do so. official obligations because a lawyer’s establishing the innocence of the
support efforts to achieve highest disreputable conduct is more likely to accused is highly reprehensible and is
standards in law schools as well as in the C. APPLICABILITY OF CODE TO be magnified in the public eye. cause for disciplinary action.
practical training of law students and assist GOVERNMENT LAWYERS
in disseminating information regarding law As government counsel, they have the A public prosecutor is a quasi-judicial
and jurisprudence. CANON 6. These Canons shall apply to added duty to abide by the policy of the officer who represents, not an ordinary
lawyers in government service in the State to promote a high standard of party to a controversy, but sovereignty.
discharge of their official duties. ethics in public service. This sovereignty has its obligation to
It is the bounden duty of counsel in the Rule 6.01. The primary duty of a As part of the government bureaucracy, govern impartially. Therefore, the
active practice to keep abreast of lawyer in public prosecution is not to it is incumbent upon lawyers to perform interest in a criminal prosecution is not
decisions of the Supreme Court and convict but to see that justice is and discharge their duties with the that it shall win a case but that justice
changes in the law. done. The suppression of facts or the highest degree of professionalism, shall be done.
It is imperative that judges should be concealment of witnesses capable of intelligence, and skill, and to extend
conversant with basic legal principles establishing the innocence of the prompt, courteous, and adequate A public prosecutor should not hesitate
and with the changes in the law and accused is highly reprehensible and service to the public. to recommend to the court the acquittal
with the latest decisions and is cause for disciplinary action. of the accused if the evidence in his
precedents. Fundamental principle in public law: possession shows that the accused is
For service in the judiciary and being in Rule 6.02. A lawyer in government Public office is a public trust. innocent.
the active practice of law require service shall not use his public A public servant owes utmost fidelity to If he finds no legal basis to sustain a
continuous study and research on the position to promote or advance his the public service. conviction, he should not hesitate to
law from beginning to end. private interests, nor allow the latter Norms of conduct required of public recommend that the accused be
to interfere with his public duties. officials: acquitted.
Legal education should be a continuing 1. Uphold the public interest over For “his finest hour is not when he wins
concern. Rule 6.03. A lawyer shall not, after and above personal interest. a case with the conviction of the
After admission to practice, a lawyer leaving government service, accept 2. Discharge their duties with the accused. His finest hour is still when,
incurs a three-fold obligation: engagement or employment in highest degree of excellence, overcoming the advocate’s natural
1. He owes it to himself to continue connection with any matter in which professionalism, intelligence, and obsession for victory, he stands up
improving his knowledge of the he had intervened while in said skill. before the court and pleads not for the
law. service. 3. Act with justness and sincerity. conviction of the accused but for his
2. He owes it to his profession to 4. Provide service without acquittal. For indeed, his noble task is
take an active interest in the discrimination. to prosecute only the guilty and to
maintenance of high standards of 5. Extend prompt, courteous, and protect the innocent.”
legal obligation. adequate service to the public.
3. He owes it to the lay public to Code is applicable to government 6. Be loyal to the Republic. Restrictions on the functions of public
make the law a part of its social lawyers 7. Commit themselves to democratic prosecutor
consciousness. Canon 6 makes the Code of Professional way of life and values. Public prosecutors should not allow
Responsibility applicable to lawyers in 8. Live modest lives. giving the impression that their noble
Mandatory Continuing Legal Education government service in the discharge of office is being used, wittingly or
(MCLE) their official duties. A prosecutor shall see to it that justice unwittingly, for political ends or other
Members of the IBP, except those is done purposes alien to the basic objective of
exempt under Rule 7 of Bar Matter No. serving the interests of justice
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

evenhandedly, without fear or favor to conduct of the trial, his duty to direct Rule 6.02. A lawyer in government
any and all litigants, whether rich or Role of the private prosecutor and control requires that: service shall not use his public position
poor, weak or strong, powerless or GENERAL RULE: Where the civil action 1. He must be present during the to promote or advance his private
mighty. for recovery of civil liability is instituted proceedings. interests, nor allow the latter to
in the criminal action, the offended 2. He must at any time, take over interfere with his public duties.
It is his duty to refrain from improper party may intervene by counsel in the the conduct of the trial from the
methods calculated to produce a prosecution of the offense. (Rule 110, private prosecutor. If the law allows a public official to
wrongful conviction. Sec. 16. Rules of Court) practice law concurrently, he must not
He should not offer as proof of the guilt EXCEPTIONS: Public prosecutor has Where the prosecutor turned over the use his public position to feather his law
of the accused which is illegally seized. direction and control of the prosecution: active conduct of the trial to the private practice.
Nor suppress facts or conceal witnesses 1. Where from the nature of the prosecutor who presented testimonial Neither should he accept any private
capable of establishing the innocence of crime and the law defining and evidence even when the public legal business in which his duty to his
the accused. punishing it, no civil liability prosecutor was absent during the trial, client will or may conflict with his
arises in favor of a private the evidence presented could not be official duties, and if some unforeseen
It is improper for a public prosecutor offended party. considered as valid evidence of the conflict with his official duties arises he
to: 2. In cases where from the nature of People of the Philippines. should terminate his professional
1. Assist in the escape of a prisoner. the offense, the offended party is However, it applies only to courts which relationship.
2. Institute a criminal action to force entitled to civil indemnity arising are provided by law with their own
settlement of a case. therefrom but he has: prosecutors, and not to Municipal Trial A public official should see to it that his
3. Agree to refrain from prosecuting a. Waived the civil action or Courts which have no trial prosecutors. private activity does not interfere with
a person in consideration of some b. Expressly reserved the A private prosecutor taking over a the discharge of his official functions.
reward. right to institute it criminal action cannot take a stand He should avoid all impropriety and the
4. Receive money for dismissing a separately from the different from or opposed to that of the appearance of impropriety.
complaint. criminal action. public prosecutor or cannot adopt a Neither should he inferentially create a
5. Induce an accused to plead stand inconsistent with that of the public image that he is utilizing his
guilty. The role of the private prosecutor in Solicitor General, otherwise it would be public position to advance his
6. Willfully fail to prosecute criminal actions is to represent the tantamount to giving him the direction professional success or personal
violations of law. private offended party with respect to and control of the criminal proceedings, interest at the expense of the public.
7. Have a secret partner with whom the civil action for the recovery of civil contrary to law and settled rules on the
he divides the attorney’s fees. liability arising from the offense. matter. RA 6713 (Code of Conduct and Ethical
His sole purpose is to enforce the civil Standards for Public Officials and
In appeals, the Solicitor General has liability and not to demand the When the public prosecutor should Employees.
control punishment of the accused. take over handling of the case Sec. 7(b). In addition to acts and
GENERAL RULE: The Solicitor General A public prosecutor should not allow the omissions of public officials and employees
shall represent the People in criminal Intervention by private lawyer is trial in the hands of a private not prescribed in the Constitution and
actions brought to the Court of Appeals subject to prosecutor’s control prosecutor to degenerate into a private existing laws, the following shall constitute
and the Supreme Court. The intervention of the private prosecution. prohibited acts and transactions of any
EXCEPTION: In all cases elevated to the prosecutor in the criminal prosecution is The administration of criminal law public official and employee and are
Sandiganbayan and from there to the always subject to the direction and should never be for the accomplishment hereby declared to be
Supreme Court, the Office of the control of the public prosecutor. of a private gain or advantage nor it be unlawful:
Ombudsman, through its special Public prosecutor is duty bound to take a vehicle of oppression for the (b) Outside employment and other
prosecutor, shall represent the People. charge of the prosecution until its gratification of private malice. activities related thereto.—Public officials
9RA 8249) termination. and employees during their incumbency
EXCEPTION TO THE EXCEPTION: Cases While he may allow the private A lawyer shall not use his public shall not:
filed pursuant to Executive Order Nos. prosecutor to actively handle the position to promote his private 1. Own, control, manage or accept
1, 2, 14, and 14-A issued in 1986. interest employment as officer employee,
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

consultant, counsel, broker, agent, The Court ruled that ATty Mendoza could they are ill-gotten. This case does not
trustee or nominee / in any private not be disqualified from representing the involve the liquidation of Genbank.
enterprise regulated, supervised or LGC. The Court explained: Whether the shares of stock of Allied
licensed by their office / unless The key to unlock Rule 6.03 lies in Bank are ill-gotten is far removed from
expressly allowed by law; comprehending. the issue of the dissolution and
2. Engage in the private practice of 1. The meaning of ―matter‖ liquidation of Genbank.
their profession unless authorized by referred to in the rules.
the Constitution or law, provided 2. The metes and bounds of the ―Intervention‖ is interference that may
that such practice will not conflict or ―intervention‖ made by the affect the interest of and influence others.
tend to conflict with their official former government lawyer on Intervention must not be insubstantial and
functions; or the ―matter.‖ insignificant.
3. Recommend any person to any The American Bar Association, in its
position in a private enterprise which Formal Opinion 342, defined ―matter‖ ―Substantial responsibility‖ is required by
has a regular or pending official as: the prohibition.
transaction with their office. o Any discrete, isolatable act as
well as identifiable transaction In interpreting Rule 6.03, the Court also
and not merely an act of cast a harsh eye on its use as a litigation
Former official may not accept certain drafting, enforcing or tactic to harass opposing counsel as well
employment interpreting government or as deprive his client of competent legal
Rule 6.03. A lawyer shall not, after agency procedures, representation.
leaving government service, accept regulations or laws, or briefing
engagement or employment in abstract principles of law. In the case at bar, the new attempt to
connection with any matter in which he The ―matter‖ or the act of Atty. disqualify respondent Mendoza has long
had intervened while in said service. Mendoza as Solicitor General is been a dead issue, resuscitated after the
―advising the Central Bank on how to lapse of many years and only after PCGG
The restriction covers ―engagement and proceed with Genbank’s liquidation is has lost many legal incidents in the hands
employment,‖ which means that he held not to be the ―matter‖ of the respondent.
cannot accept any work or employment contemplated by Rule 6.03.
from anyone that will involve or relate Clearly, ABA Formal Opinion 342 It is also submitted that the Court should
to the matter in which he intervened as stresses that Atty. Mendoza’s acts did apply Rule 6.03 in all its strictness for it
a public official, except on behalf of the not fall within the scope of the term correctly disfavors lawyers who ―switch
body or authority which he served ―matter.‖ sides‖ and intended to avoid conflict of
during his public employment. It is given that respondent Mendoza loyalties. It is claimed that ―switching
had nothing to do with the decision of sides‖ carries the danger that former
PCGG v. Sandiganbayan, 455 SCRA the Central Bank to liquidate Genbank government employee may compromise
526 (2005)): and did not even participate in the sale confidential official information in the
PCGG seeks to disqualify Atty. Estelito of Genbank to Allied Bank. process.
Mendoza as counsel for the Lucio Group of The ―matter‖ which he got himself
Companies in the suit involving the involved was informing the Central The act of respondent Mendoza in
sequestration of shares of stock of the LGC bank on the procedure by law to informing the Central Bank on the
as alleged ill-gotten wealth, on the ground liquidate Genbank. procedure how to liquidate Genbank is a
that as former Solicitor General, he It is not the same as the subject different matter from the subject matter of
intervened in the matter of the liquidation ―matter‖ of the civil case of Civil Case No. 0005 which is about
of Genbank, which was subsequently sequestration of stocks owned by Tan in sequestration of the shares of respondents
purchased by LGC. Allied Bank on the alleged ground that Tan in Allied Bank. There is no switching
sides for no two sides are involved.
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

CHAPTER 4: THE LAWYER’S It is necessary that lawyers strive to Rule 7.02. A lawyer shall not support Gross immorality reflective of
uphold the honor and maintain dignity the application for admission to the bar unfitness to practice
DUTIES of the profession and to improve the of any person known by him to be Acts of personal immorality in his
TO THE LEGAL PROFESSION law and the administration of justice. unqualified in respect to character, private relation with the opposite sex.
The respect of the public to the legal education, or other relevant attribute. Gross immorality of the act, not merely
profession is enhanced by the faithful A lawyer should not readily execute an immorality, to justify suspension or
A. UPHOLDING INTEGRITY OF performance of the lawyer’s duties to affidavit of good moral character in disbarment.
PROFESSION the court, to society, to his brethren in favor of an applicant who has not live Grossly Immoral Act
the profession, and to his client. up to the standard set by law. 1. One that is so corrupt and false
Canon 7: A lawyer shall at all times Such respect is diminished whenever a He should volunteer information or as to constitute a criminal act.
uphold the integrity and dignity of the legal member betrays the trust and cooperate in any investigation 2. Unprincipled or disgraceful as to
profession and support the activities of the confidence reposed in him by his client. concerning alleged anomaly in the bar be reprehensible to a high
integrated bar. Public confidence in law and lawyers examination. This is to help guard the degree.
may be eroded by the irresponsible and profession from candidates who are Acts of gross immorality, justifying
Rule 7.01. A lawyer shall be improper conduct of a member of the unfit or unqualified. denial of application to take the
answerable for knowingly making a bar. He should expose without fear or favor lawyer’s oath or suspension or
false statement or suppressing a Thus, every lawyer should act in a before the SC corrupt or dishonest disbarment :
material fact in connection with his manner that would promote public conduct in the profession and should 1. Living an adulterous life with a
application for admission to the bar. confidence in the integrity of the not hesitate to accept professional married woman.
profession. employment against a lawyer who has 2. Maintaining illicit relations with a
Rule 7.02. A lawyer shall not A lawyer should also involve in and wronged his client. niece.
support the application for admission actively support the activities of the 3. Abandonment of his lawful wife to
to the bar of any person known by IBP. A lawyer shall always conduct himself live with another woman.
him to be unqualified in respect to ethically and morally 4. Contracting marriage while first
character, education, or other A person shall make no false The best way a lawyer can uphold the marriage still subsisting.
relevant attribute. statement in his application for integrity and dignity of the profession is 5. Seducing a woman to have carnal
admission to the bar not to engage in conduct that adversely knowledge with her on the basis
Rule 7.03. A lawyer shall not Rule 7.01. A lawyer shall be reflects on his fitness to practice law, of misrepresentation that he is
engage in conduct that adversely answerable for knowingly making a nor shall he, whether in public or going to marry her, that he is
reflects on his fitness to practice law, false statement or suppressing a private life, behave in a scandalous single, or that they are already
nor shall he, whether in public or material fact in connection with his manner to the discredit of the legal married upon signing a mere
private life, behave in a scandalous application for admission to the bar. profession. (Rule 7.03.) application for marriage license.
manner to the discredit of the legal Observance of the duties and He should endeavor to conduct himself 6. Carnal knowledge with a student
profession. responsibilities of a lawyer begins even in such a way as to give credit to the by taking advantage of his
as a law student. A student’s failure to legal profession and to inspire the position.
Generally live up to them may be a ground for SC confidence, respect, and trust of his However, mere intimacy between man
Canon 7: A lawyer shall at all times to refuse admission to practice or for clients and the community. and woman either of whom possess no
uphold the integrity and dignity of the disbarment should SC learn later on Acts which adversely reflect on the legal impediment to marry, voluntarily
legal profession and support the about his/her transgressions. lawyer’s fitness to practice law, which carried on and devoid of any deceit on
activities of the integrated bar. A person seeking to be admitted to the justify suspension: the part of the lawyer, is not corrupt or
Maintenance of a high standard of legal bar must show that he has all the 1. Gross immorality. unprincipled to warrant disciplinary
proficiency and fair dealing is a qualifications and none of the 2. Conviction of a crime involving action as member of the bar. Even if
prerequisite to making the bar an disqualifications prescribed by law. moral turpitude. the relationship results in the woman
effective instrument in the proper 3. Fraudulent transactions. giving birth to a child so long as he
administration of justice. A lawyer shall not support unqualified admits paternity and agrees to support
applicant to the bar the child.
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Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

Cohabitation per se is not grossly 4. Concealing in an information profession and will not receive
immoral. sheet required by law in B. LAWYER’S RELATION WITH OTHER sympathy from the Court.
o Whether a lawyer’s sexual connection with his employment LAWYERS Duty of lawyer to restrain his client
congress with a woman not his the fact that he was charged with from improprieties and to terminate his
wife should be characterized as or convicted of a crime. Canon 8. A lawyer shall conduct himself relation with him if the latter persists in
grossly immoral will depend upon 5. Borrowing money as a guardian with courtesy, fairness, and candor toward his wrongdoing.
the surrounding circumstances. for his benefit upon the ward’s his professional colleagues, and shall avoid A lawyer should not use, to his or his
Even if the evidence is not sufficient to property as collateral without the harassing tactics against opposing counsel. client’s benefit, the secrets of the
hold a lawyer liable for gross court’s approval. adverse party acquired through design
immorality, may nonetheless be 6. Encashing a check payable to his Rule 8.01. A lawyer shall not, in or inadvertence.
reprimanded where such evidence deceased cousin by signing the professional dealings, use language A lawyer who thinks a case is weak may
shows failure on his part to comply with latter’s name. which is abusive, offensive or not criticize the lawyer who accepts it,
the rigorous standards of conduct. 7. Falsifying a power of attorney and otherwise improper. much less should he attribute to him
using it to collect the money due evil motive for taking up the client’s
Conviction of a crime involving moral the principal and converting it to Rule 8.02. A lawyer shall not, cause.
turpitude his benefit. directly or indirectly, encroach upon It is not, however, improper for a
Moral turpitude: 8. Misappropriating money the professional employment of lawyer to accept employment to compel
o Anything which is done contrary belonging to his employer. another lawyer; however, it is the another lawyer to honor the just claim
to justice, honesty, modesty, or right of any lawyer, without fear or of a layman. His action toward such
good morals. favor, to give proper advice and end, as writing a letter of demand to
o Any act of vileness, baseness, or assistance to those seeking relief the lawyer, is not unethical since it is
depravity in the private and social against unfaithful or neglectful mere honest effort to serve the interest
duties a man owes his fellowmen counsel. of the client.
or to society, contrary to the
accepted rule of right and duty A lawyer should use temperate
between man and woman. Generally language
o In general, all crimes which fraud Membership in the bar imposes upon Rule 8.01. A lawyer shall not, in
or deceit is an element. lawyers certain obligations to one professional dealings, use language
Lawyers convicted of such crime are another. which is abusive, offensive or otherwise
either suspended or disbarred. What makes the practice of law a improper.
profession: His arguments, written or oral, should
Commission of fraud or falsehood o Observance of honorable, candid, be gracious to both the court and the
Commission of such may badly reflect and courteous dealings with other opposing counsel.
on his fitness to practice law. lawyers. Should be of such words as may be
He may be administratively disciplined. o Fidelity to known and recognized properly addressed by one gentleman
Acts of misconduct calling for customs and practices of the bar. to another.
disciplinary actions: ―Do as adversaries do in law: strive
1. Falsely stating in a deed of sale Candor, fairness, and truthfulness mightily but eat and drink as friends.‖
that the property is free from should characterize relations Whatever may be the ill-feelings
liens or encumbrances. The Court reminds parties and counsels between the clients should not influence
2. Knowingly taking part in a false to:avoid further squabbles and counsel in their conduct and demeanor
and simulated transaction. unnecessary filing of administrative toward each other.
3. Making it appear that a vendor, cases against each other. They should scrupulously avoid all
long dead, executed a document Mutual bickering and unjustified personalities and personal history or
of sale in his favor. recriminations between attorneys personal peculiarities and idiosyncrasies
detract from the dignity of the legal of the other.
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Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

should deal only with his counsel. It is Canon 9. A lawyer shall not, directly or unlicensed to practice law and not
A lawyer shall not encroach upon incumbent upon the lawyer most indirectly, assist in the unauthorized subject to the disciplinary control of the
business of another particularly to avoid everything that practice of law. court.
Rule 8.02. A lawyer shall not, directly may tend to mislead a party not The law makes it a misbehavior on the
or indirectly, encroach upon the represented by counsel, and he should Rule 9.01. A lawyer shall not part of the lawyer to aid a layman in
professional employment of another not undertake to advise him as to the delegate to any unqualified person the unauthorized practice of law.
lawyer; however, it is the right of any law.‖ the performance of any task which A person not admitted to the bar may
lawyer, without fear or favor, to give A lawyer should not, in the absence of by law may only be performed by a not hold himself out to the public as
proper advice and assistance to those the adverse party’s counsel, interview member of the Bar in good standing. engaged in the practice of law, either
seeking relief against unfaithful or the adverse party and question him as alone or as associated with a practicing
neglectful counsel. to the facts of the case even if the Rule 9.02. A lawyer shall not divide attorney under a firm name. (US v.
A lawyer should not steal the other adverse party was willing to do so. or stipulate to divide a fee for legal Ney (1907))
lawyer’s client nor induce the latter to Neither should he sanction the attempt services with persons not licensed to He may not form a partnership with a
retain him by promise of better service, of his client to settle a litigated matter practice law, except: lay accountant to specialize in income
good result or reduced fees for his with the adverse party without the 1. there is a pre-existing agreement tax work unless he ceases to hold
services. Neither should he disparage consent nor knowledge of the latter’s with a partner or associate that, himself out as a lawyer and strictly
another, make comparisons or publicize counsel. upon the latter’s death, money shall confine his activities to such as are
his talent as a means to further his law be paid over a reasonable period of open to lay accountants.
practice. Association as a colleague in a case time to his estate or to persons
It is, however, the right of a lawyer, A client’s proffer of assistance of specified in the agreement; or Intervention of intermediary not
without fear or favor, to give proper additional counsel should not be 2. Where a lawyer undertakes to allowed
advice to those seeking relief against regarded as evidence of want of complete unfinished or legal Prohibition on intermediary to intervene
unfaithful or neglectful counsel. confidence but the matter should be left business of a deceased lawyer; or in the performance of lawyer’s
He may accept employment to handle a to the determination of the client. 3. Where a lawyer or law firm professional obligations.
matter previously handled by another The 2nd lawyer should communicate includes non-lawyer employees in a Lawyer’s relation to client is personal
lawyer, provided that the other lawyer with the 1st before making an retirement plan, even if the plan is and responsibility is direct.
has been given notice of termination of appearance. Should the 1st lawyer based in whole or in part, on profit- Intervention of lay agency between
service. Without such notice, he shall object, he should decline association sharing arrangement. lawyer and the client is forbidden.
only appear once he has obtained but if the 1st lawyer is relieved, he may It is thus improper for a lawyer to
conformity or has, at the very least, come into the case. Duty to prevent unauthorized practice accept employment from an automobile
given sufficient notice of contemplated When there is conflict of opinions of law club which, in soliciting membership,
substitution. between two lawyers jointly associated Canon 9. A lawyer shall not, directly or offers free services of it legal
A lawyer’s appearance in the case in a case, the client should decide. The indirectly, assist in the unauthorized department to members.
without notice to the first lawyer decision should be accepted unless the practice of law. Employment should not include the
amounts to an improper encroachment nature of the difference makes it Public policy requires that the practice rendering of legal services to members
upon the professional employment of impracticable for the lawyer whose of law be limited to those individuals of such an organization in respect to
the original counsel. judgment has been overruled to found duly qualified in education and their individual affairs.
cooperate effectively. In this event, it is character. A charitable society rendering aid to the
Negotiation with opposite party his/her duty to ask client to relieve The permissive right conferred on the indigent is not, however, an
Canon 9 of the Canons of Professional him/her. lawyer is an individual and limited intermediary within the meaning of the
Ethics provides that a ―lawyer shall not privilege subject to withdrawal if he rule.
in any way communicate upon the fails to maintain proper standards of
subject of controversy with a party C. PREVENTING UNAUTHORIZED moral and professional conduct. A lawyer shall not delegate legal work
represented by counsel, much less PRACTICE OF LAW Purpose is to protect the public, the to non-lawyers
should he undertake to negotiate or court, the client, and the bar from Rule 9.01. A lawyer shall not delegate
compromise the matter with him, but incompetence and dishonesty of those to any unqualified person the
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

performance of any task which by law The third exception to the rule does not disobedience of any lawful order of a indigent or a person having difficulty
may only be performed by a member of involve, strictly speaking, a division of superior court, or for corruptly or paying the usual fee.
the Bar in good standing. legal fees with non-lawyer employees. wilfully appearing as an attorney for a
He should not delegate to a layman any The retirement benefits in the form of party to a case without authority so to A lawyer cannot advertise his talent;
work which involves the application of pension represent additional deferred do. The practice of soliciting cases at reasons therfor
law, such as: wages or compensation for past law for the purpose of gain, either General rule: A lawyer cannot advertise
1. The computation and services of the employees personally or through paid agents or his talent as a shopkeeper advertises
determination of the period within Impropriety arises where the effect of brokers, constitutes malpractice. his wares.
which to appeal and adverse the arrangement is to make the estate Rule 2.03. A lawyer shall not do or Restriction originated from practices in
judgment. or heir a member of the partnership permit to be done any act designed to the Inns of Court of England.
2. Examination of witnesses. along with the surviving partners, or primarily solicit legal business. Young men studying to become
3. Presentation of evidence. where the estate or heir is to receive a Among those that fall under the barristers regarded the law as primarily
Can employ secretaries, investigators, percentage of fees that may be paid prohibition: a form of public service in which the
detectives, researches as long as they from future business of the deceased 1. A lawyer who recommends gaining of a livelihood was but a
are not involved in the practice of law lawyer’s clients. Such fees no longer employment of himself, his secondary consideration.
(e.g., not ―writing‖ pleadings, appearing represent compensation for past partner, associate, or member of A lawyer is a member of an honorable
in court, etc.) services of the deceased lawyer. his legal staff to a non-lawyer profession whose primary purpose is to
An agreement between a union lawyer who has not sought his advice render public service and help secure
A lawyer shall not divide fees with and a layman president of the union to regarding employment of a justice and in which remuneration is a
non-lawyers divide equally the attorney’s fees that lawyer. mere incident.
Rule 9.02. A lawyer shall not divide or may be awarded in a labor case violates 2. A lawyer who compensates and To allow a lawyer to advertise his talent
stipulate to divide a fee for legal the rule. gives anything of value to a or skill is to commercialize the practice
services with persons not licensed to person or organization to of law, lower the profession in public
practice law. recommend or secure his confidence and lessen its ability to
Exceptions: D. SOLICITATION AND ADVERTISING employment of a client. render efficiently that high character of
1. Where there is a pre-existing 3. A lawyer who gives a reward for service to which every member of the
agreement with a partner or A lawyer shall not solicit legal having made a recommendation bar is called.
associate that, upon the latter’s business resulting in his employment by a If competitive advertising were
death, money shall be paid over a The law prohibits lawyers from soliciting client. permitted, the conscientious and ethical
reasonable period of time to his cases for the purpose of gain, either lawyers will unavoidably be at the
estate or to persons specified in the personally, or through paid agents or A lawyer shall not charge lower rates mercy of the braggart.
agreement. brokers, and makes the act to attract business
2. Where a lawyer undertakes to malpractice. (Rule 138, Sec. 27, Rules An unethical practice of indirect Proper or permissible advertising or
complete unfinished or legal or Court) solicitation of legal business. solicitation
business of a deceased lawyer. Sec. 27. Attorneys removed or Rule 2.04. A lawyer shall not charge Not all advertising or solicitation are
3. Where a lawyer or law firm includes suspended by Supreme Court on what rates lower than those customarily prohibited.
non-lawyer employees in a grounds. - A member of the bar may be prescribed unless the circumstances so What makes solicitation improper is:
retirement plan, even if the plan is removed or suspended from his office warrant. 1. the employment of such methods
based in whole or in part, on as attorney by the Supreme Court for What the rule prohibits is the as are incompatible with the
profitsharing arrangement. any deceit, malpractice, or other gross competition in the matter of charging traditional dignity of a lawyer and
misconduct in such office, grossly professional fees for the purpose of maintenance of correct
The first two exceptions to the rule immoral conduct, or by reason of his attracting clients in favor of a lawyer professional standards or
represent compensation for legal conviction of a crime involving moral with lower rates. 2. the use of artificial means to
service rendered by the deceased turpitude, or for any violation of the The rule does not prohibit the charging augment the publicity that
lawyer during his lifetime, which is paid oath which he is required to take before of a reduced fee or none at all, to an normally results from what a
to his estate or heirs. admission to practice, or for a wilfull lawyer does.
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Best advertising for a lawyer: A well- full time position as corporate The fact that he is a lawyer does not regarding his qualifications or legal
merited reputation for professional counsel; preclude him from engaging in services.
capacity and fidelity to trust. if in media, those acts incidental to business. Rule 3.04. A lawyer shall not pay or
Good and efficient service to a client as his practice (i.e., not his own Impropriety arises when the nature and give anything of value to
well as to the community has a way of initiative); manner of business is inconsistent with representatives of the mass media in
publicizing itself and catching public write articles for publication giving the duties of the lawyer such as when it anticipation of, or in return for, publicity
attention. information upon the law (and not is used as a cloak for indirect to attract legal business.
That publicity is a normal by-product of individual rights or advising through solicitation on his behalf. Similarly, he should not resort to
effective service. column/ TV broadcast, lest such be It is necessary that the lawyer keeps indirect advertisements, such as
A good and reputable lawyer needs no considered indirect advertising); any business in which he is engaged, furnishing or inspiring newspaper
artificial stimulus to generate it and to if entering into other businesses entirely separate and apart from his comments, or procuring his photograph
magnify his success. (which are not inconsistent with practice. to be published.
EXCEPTIONS: lawyer’s duties) then it is advisable He shall make it clear to his client in
1. Those which are expressly that they be entirely separate and what capacity he is acting.
allowed. apart such that a layman could Businesses closely associated with the CANON 3: A lawyer in making known his legal
2. Those which are necessarily distinguish between the two practice of law: services shall use only true, honest, fair,
implied from the restrictions. functions. o Collection agency. dignified and objective information or
o Real estate brokerage. statement of facts.
publication in reputable law list with Writing legal articles o Insurance agency.
Rule 3.01. A lawyer shall not use or
brief biographical and other An attorney ―may with propriety write o Mortgage service. permit the use of any false, fraudulent,
informative data which may include articles for publications in which he o Tax service and consultancy. misleading, deceptive, undignified, self-
name, associates, address, phone gives information upon the law; but he laudatory, or unfair statement or claim
numbers, branches of law practised, should not accept employment from A lawyer shall make clear whether he regarding his qualifications or legal
birthday, day admitted to the bar, such publications to advise inquiries in is acting in another capacity services.
schools and dates attended, degrees respect to their individual rights.‖ Rule 15.08. A lawyer who is engaged
and distinctions, authorships, (Canon 40, Code of Professional Ethics) in another profession or occupation Rule 3.02. In the choice of a firm
teaching positions, associations, A lawyer may properly write and sell for concurrently with the practice of law name, no false, misleading or assumed
legal fraternities and societies, publication, articles of general nature shall make clear to his client whether name shall be used. The continued use
references and regularly represented on legal subjects in a law journal. he is acting as a lawyer or in another of the name of a deceased partner is
permissible provided that the firm
clients must be published for that capacity.
indicates in all its communications that
purpose; What should be guarded against is the The reason is that certain ethical said partner is deceased.
an ordinary, simple professional violation of the ethical principles considerations governing the attorney-
card; concerning: client relationship may be operative in Rule 3.03. Where a partner accepts
publication of simple announcement 1. Improper advertising by a lawyer. one and not in the other. public office, he shall withdraw from the
of opening of law firm, change of 2. Giving of legal advice to one with firm and his name shall be dropped
firm; whom no attorney-client Lawyer shall not use false statement from the firm name unless the law
telephone directory (but not under relationship exists. regarding his qualification or service allows him to practice law concurrently.
designation of special branch of 3. Aiding of a layman to engage in CANON 3: A lawyer in making known
law); unauthorized practice of law. his legal services shall use only true, Rule 3.04. A lawyer shall not pay or
give anything of value to
if acting as an associate (specialising honest, fair, dignified and objective
representatives of the mass media in
in a branch of law), may publish a Engaging in business or other information or statement of facts. anticipation of, or in return for, publicity
brief and dignified announcement to occupation Rule 3.01. A lawyer shall not use or to attract legal business.
lawyers (law list, law journal); It is not uncommon to see lawyers permit the use of any false, fraudulent,
seeking a public office (which can be combining law practice with some other misleading, deceptive, undignified, self-
filled only by a lawyer); lawful occupation. laudatory, or unfair statement or claim

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It is not a business partnership under from the firm name unless the law national organization of the legal
the Civil Code. allows him to practice law concurrently. profession based on the recognition of
It is highly unethical for an attorney to No person should be admitted or held The purpose of the rule is to prevent the lawyer as an officer of the court.
advertise his talents or skill as a out as a member who is not a lawyer. the law firm from using his name to Integration fosters cohesion among
merchant advertises his wares. The law Rule 3.02. In the choice of a firm attract legal business and to avoid lawyers and ensures the promotion of
is a profession and not a business. The name, no false, misleading or assumed suspicion of undue influence. the objectives of the legal profession
lawyer may not sell or obtain name shall be used. The continued use pursuant to the principle of maximum
employment himself or through others of the name of a deceased partner is A lawyer shall not seek media bar autonomy with minimum
for to do so would be unprofessional. It permissible provided that the firm publicity supervision by the Supreme Court.
is destructive of the honor of a great indicates in all its communications that Rule 3.04. A lawyer shall not pay or
profession. It lowers the standards of said partner is deceased. give anything of value to Power to integrate the bar
that profession. It works against the The reason for allowing the continued representatives of the mass media in The Constitution vests upon the
confidence of the community and it use of the name of a deceased partner anticipation of, or in return for, publicity Supreme Court the power to integrate
results in needless litigation. (In Re: is that all the partners, by their joint to attract legal business. the Philippine bar.
Tagorda, 53 Phil 37 (1929))7 efforts over a period of time, Media publicity, as a normal by-product Such power is an inherent part of the
Tagorda was suspended for soliciting contributed to the goodwill attached to of efficient legal service, is not Court’s constitutional authority over the
business. Before Tagorda’s election to the firm name, and this goodwill is improper. bar.
the provincial board of Isabela, he used disturbed by a change in firm name What is improper is for a lawyer to ―Supreme Court may adopt rules of
a card offering services as an attorney every time a partner dies. resort to propaganda to secure media court to effect the integration of the
and a notary public free. The card also Filipino lawyers cannot practice law publicity for the purpose of attracting Philippine Bar.‖ (RA 6397 AN ACT
stated that he was a candidate for the under the name of a foreign law firm, legal business. PROVIDING FOR THE INTEGRATION OF
provincial board. After his election, he as the latter cannot practice law in the The purpose of the rule is to prevent THE PHILIPPINE BAR)
wrote a letter to the barrio lieutenant Philippines. some lawyers from gaining unfair However, RA 6397 neither confers a
informing him that he would continue The use of the foreign law firm in the advantage over others through the use new power nor restricts the Court’s
his practice as lawyer and asking that country is unethical: of gimmickry. inherent power but is a mere legislative
the lieutenant transmit this information o The respondent’s use of the firm o Procuring his photograph to be declaration that the integration will
to the barrio. name constitutes a published in connection with promote public interest or will raise the
Examples of improper advertising: representation that being cases he is handling. standard of the legal profession.
o Distribution of a diary which has associated with Baker and o Making a courtroom scene to January 16, 1973, Supreme Court
an attorney’s card printed in the McKenzie they could ―render legal attract the attention of ordained the integration of the
cover. services to the highest quality to newspapermen. Philippine Bar.
o Procuring a lawyer’s name to be multinational business enterprises o Arranging for the purpose an Presidential Decree 181
written in an automobile and others engaged in foreign interview with him by media (CONSTITUTING THE INTEGRATED BAR
insurance policy with direction to trade and investment.‖ This is people. OF THE PHILIPPINES INTO A BODY
the insured to contact the unethical because Baker & CORPORATE AND PROVIDING
attorney in case of accident. McKenzie is not authorized to E. THE INTEGRATED BAR OF THE GOVERNMENT ASSISTANCE THERETO
Baker and McKenzie, 136 PURPOSES) constituted the Integrated
A lawyer shall not use false or SCRA 349 (1985)) Integration of the bar Bar into a corporate body.
misleading firm name The official unification of the entire
Law partnership among lawyers for the A partner who accepts public office lawyer population. Constitutionality of integration
general practice of law is common. should withdraw from the firm; Requires membership and financial Constitutionality hinges on the effects
Such partnership is a mere association exception support of every attorney as a condition of bar integration on the lawyer’s
of lawyers for such purpose and is a Rule 3.03. Where a partner accepts sine qua non to the practice of law. constitutional rights of freedom of
non-legal entity. public office, he shall withdraw from the Bar integration signifies the setting up association and freedom of speech and
firm and his name shall be dropped by the government authority of a
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on the nature of the dues exacted from as an exercise of the police it should become 2. Foster and maintain, on the
him. power of the State. unconstitutional for the bar part of its members, high
In upholding the constitutionality of The inherent power of the to use the member’s dues ideals of integrity, learning,
integration, the Supreme Court quoted Supreme Court to regulate to fulfill the very purposes professional competence,
approvingly the report of the the bar includes the for which it was public service and conduct;
Commission on Bar Integration on the authority to integrate the established.‖ 3. Safeguard the professional
matter as follows: bar. o Fair to all lawyers – ―Bar interests of its members;
o Freedom of Association – ―To o Regulatory fee – For the Court to integration is not unfair to 4. Cultivate among its
compel a lawyer to be a member prescribe dues does not mean lawyers already practicing members a spirit of
of an integrated bar is not that the Court levies a tax. because although the cordiality and brotherhood;
violative of his constitutional A membership fee is an requirement to pay dues is a new 5. Provide a forum for the
freedom to associate (or the exaction for regulation, regulation. It will give the discussion of law,
corollary right not to associate).‖ while the purpose of a tax member a new system which jurisprudence, law reform,
―Integration does not make is revenue. they hitherto have not had, and pleading, practice and
a lawyer a member of any An integrated bar program through which, by proper work, procedure, and the
group of which he is not would not be possible to they will receive benefits they relations of the Bar to the
already a member. He push through without have not hereto enjoyed. Bench and to the public,
became a member of the means to defray the Because it will apply equally to all and publish information
bar when he passed the bar concomitant expenses. lawyers. Because it is a new relating thereto;
exams. All that integration The public interest regulation in exchange for new 6. Encourage and foster legal
does is to provide an promoted by integration far benefits, it is not retroactive, education; and
official national outweighs the unequal, or unfair.‖ 7. Promote a continuing
organization for the well- inconsequential program of legal research
defined but unorganized inconvenience to a member Purposes and objectives of the in substantive and
and incohesive group of that might result from his Integrated Bar adjective law, and make
which every lawyer is required payment of annual By-laws Integrated Bar Philippines reports and
already a member.‖ dues. Sec. 2. Objectives and purposes. - The recommendations thereon.
―Bar integration does not o Freedom of Speech – ―A lawyer is following are the general objectives of
compel the lawyer to free, as he has always been, to the Integrated bar: The purposes of an integrated Bar, in
associate with anyone. He voice his views on any subject in o to elevate the standards of the general, are:
is free to attend or not any manner he wishes, even legal profession, 1. Assist in the administration of
attend the meetings.‖ though such views be opposed to o to improve the administration of justice;
―The compulsion to which positions taken by the unified justice; and 2. Foster and maintain on the part
he is subjected is the bar.‖ o to enable the Bar to discharge its of its members high ideals of
payment of annual dues.‖ ―For the Integrated Bar to public responsibilities more integrity, learning, professional
The issue, therefore, is a use a member’s dues to effectively. competence, public service and
question of compelled promote measures to which o The purposes of the Integrated conduct;
financial support of group said member is opposed, Bar include, without being limited 3. Safeguard the professional
activities, not involuntary would not nullify or to, those specified in the per interests of its members;
membership in any other adversely affect his curiam Resolution of the Supreme 4. Cultivate among its members a
aspect. freedom of speech.‖ Court dated January 9, 1973 spirit of cordiality and
Assuming that bar ―Since a State may ordaining the integration of the brotherhood;
integration does compel a constitutionally condition Philippine Bar, to wit: 5. Provide a forum for the discussion
lawyer to be a member, the right to practice law 1. Assist in the administration of law, jurisprudence, law reform,
such compulsion is justified upon membership, it is of justice; pleading, practice and procedure,
difficult to understand why and the relations of the Bar to the
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Bench and to the public, and the country so that the poor may not employee of the Integrated Bar, or an practice of law shall, not later
publish information relating lack competent legal service; officer or employee of any Chapter than December 31, 1974, register
thereto; 9. Distribute educational and therof shall be considered ipso facto in the Integrated Bar as
6. Encourage and foster legal informational materials that are resigned from his position as of the hereunder required, at the
education; difficult to obtain in many of our moment he files his certificate of national office or at the office of
7. Promote a continuing program of provinces; candidacy for any elective public office his Chapter.
legal research in substantive and 10. Devise and maintain a or accepts appointment to any judicial,
adjective law, and make reports program of continuing legal quasi-judicial, or prosecutory office in Every person admitted to the
and recommendations thereon; education for practising attorneys in the Government or any political practice of law after these by-
and order to elevate the standards of the subdivision or instrumentality thereof. laws become effective shall
8. Enable the Bar to discharge its profession throughout the country; register in like manner not later
public responsibility effectively. 11. Enforce rigid ethical The election of IBP officers is required than sixty days after such
standards, and promulgate minimum to be conducted on a non-political admission.
Integration of the Bar will, among other fees schedules; basis. Partisan politics may thus
things, make it possible for the legal 12. Create law centers and invalidate the elections. Registration shall be
profession to: establish law libraries for legal Partisan political activities of candidates accomplished by signing and
1. Render more effective assistance in research; for IBP positions, such as setting up filing in duplicate the prescribed
maintaining the Rule of Law; 13. Conduct campaigns to campaign headquarters, island-hopping registration form containing such
2. Protect lawyers and litigants against educate the people on their legal to solicit votes of chapter presidents, information as may be required
the abuse of tyrannical judges and rights and obligations, on the made a political circus of the by the Board of Governors,
prosecuting officers; importance of preventive legal proceedings and tainted the whole including the following:
3. Discharge, fully and properly, its advice, and on the functions and election process. The candidates a. Full name, sex and civil
responsibility in the disciplining duties of the Filipino lawyer; and violated the IBP by-laws and of the status;
and/or removal of incompetent and 14. Generate and maintain ethics of the legal profession. b. Month, date, year and
unworthy judges and prosecuting pervasive and meaningful country- place of birth;
officers; wide involvement of the lawyer Membership, resignation, retirement, c. Office address(es);
4. Shield the judiciary, which population in the solution of the and reinstatement d. Residence address(es);
traditionally cannot defend itself multifarious problems that afflict the By-laws Integrated Bar Philippines e. Occupation(s) or
except within its own forum, from nation. (In re Integration of the o Sec. 18. Membership. - The employment;
the assaults that politics and self- Bar of the Philippines) following persons are, f. Name of law school and
interest may level at it, and assist it automatically and without year of graduation;
to maintain its integrity, impartiality Non-political bar exception members of the g. Year of admission to the
and independence; By-laws Integrated Bar Philippines Integrated Bar of the Philippines: Bar; and
5. Have an effective voice in the Sec. 4. Non-political bar. - The a. All lawyers whose names h. Field(s) of specialization in
selection of judges and prosecuting Integrated Bar is strictly non-political, were in the Roll of law, if any.
officers; and every activity tending to impair this Attorneys of the Supreme
6. Prevent the unauthorized practice of basic feature is strictly prohibited and Court as of January 16, It shall be the duty of the Secretary
law, and break up any monopoly of shall be penalized accordingly. No 1973; and of every Chapter to promptly
local practice maintained through lawyer holding an elective, judicial, b. All lawyers whose names forward a copy of each accomplished
influence or position; quasi-judicial, or prosecutory office in were included or are registration form to the national
7. Establish welfare funds for families the Government or any political entered therein after the office.
of disabled and deceased lawyers; subdivision or instrumentality thereof said date.
8. Provide placement services, and shall be eligible for election or o Sec. 19. Registration. - Unless o Sec. 20. Members in good
establish legal aid offices and set up appointment to any position in the he has already previously standing. - Every member who
lawyer reference services throughout Integrated Bar or any Chapter thereof. registered, every member has paid all membership dues
A Delegate, Governor, officer or heretofore admitted to the and all authorized special
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assessments, plus surcharges delinquency continues until the respective members, but each Chapter
owing thereon, and who is not following December 31, the Board of shall have at least one Delegate.
under suspension from the Membership dues and effect of Governors shall by Resolution At the local level are the Chapter
practice of law or from nonpayment thereof forthwith suspend all his officials.
membership privileges, is a Sec. 23. Membership dues. - On or membership privileges other than Sec. 26. Chapters. - A Chapter of the
member in good standing. before the 31st day of December, every the practice of law. Integrated Bar shall be organized in
member of the Integrated Bar shall pay every province existing on the date of
o Sec. 21. Voluntary termination of annual dues for the ensuing fiscal year Sec. 25. Remission or lifting of the effectivity of the Integration Rule.
membership; reinstatement. - A in the amount of FIVE HUNDRED PESOS sanctions. - The Board of Governors Except as hereinbelow provided, every
member may terminate his at the National Office or at the office of may, for justifiable reasons, remit or city shall be considered part of the
membership by filing a verified his Chapter, to take effect on January lift sanctions already imposed and province within which it was
notice to that effect with the 1, 1995. authorize the retroactive geographically situated prior to its
Secretary of the Integrated Bar, reinstatement of the member creation as a city.
who shall immediately bring the Subject to approval by the Supreme concerned. However, sanctions
matter to the attention of the Court, the Board of Governors may imposed or approved by the National officers
Supreme Court. Forthwith, he increase the annual membership dues, Supreme Court may be remitted or Sec. 50. Duties of officers. - (a)
shall cease to be a member and or modify the apportionment thereof. lifted only by the Court. President: The President shall be
his name shall be stricken from the chief executive of the Integrated
the Roll of Attorneys. All lawyers shall indicate in all Organizational Setup Bar, and shall preside at all meetings
pleadings, motions and papers Sec. 47. National Officers. - The of the Board of Governors.
Reinstatement may be made in signed and filed by them in any Integrated Bar of the Philippines shall (b) Executive Vice President: The
accordance with rules and court in the Philippines - and in the have a President and Executive Vice Executive Vice President shall
regulations prescribed by the case of government lawyers, in all President to be chosen by the Board of exercise the powers and perform the
Board of Governors and approved official documents issued by them - Governors from among nine (9) functions and duties of the President
by the Court. the number and date of their official regional governors, as much as during the absence or inability of the
receipt indicating payment of their practicable, on a rotation basis. The latter to act, and shall perform such
o Sec. 22. Retirement; annual membership dues to the governors shall be ex officio Vice other functions and duties as are
reinstatement. - Any member in Integrated Bar of the Philippines for President for their respective regions. assigned to him by the President and
good standing who shall have the current year, or in the case of There shall also be a Secretary and the Board of Governors.
attained the age of seventy-five life members, their life membership Treasurer of the Board of Governors to (c) Governors: In addition to his
years, or who shall have been roll number. (As amended pursuant be appointed by the President with the duties as a member of the Board of
forty years as lawyer shall, by to Bar Matter No. 668). consent of the Board. (As amended Governors, each elective Governor
reason of physical disability or pursuant to Bar Matter 491). shall act as representative of his
judicially adjudged mental Sec. 24. Effect of non-payment of The deliberative body is the House of Region in the Board. He shall
incapacity, be unable to engage dues. - Except for the fiscal year Delegates. promote, coordinate and correlate
in the practice of Law, may be 1974- 1975, any member who has Sec. 30. Composition of the House. activities of the Chapters within his
retired from the Integrated Bar not paid his membership dues for - The Integrated Bar shall have a House Region.
upon verified petition to the any given fiscal year on or before of Delegates composed of not more (d) Secretary: The Secretary shall
Board of Governors. Retired the last day (June 30) of the than one hundred and twenty members attend all meetings of the Board of
members shall not practice law or immediately preceding fiscal year apportioned among all the Chapters. Governors, and keep a record of all
be required to pay dues. shall be considered as dues- On or before December 31, 1974, and the proceedings thereof; prepare
delinquent members. For the fiscal every two years thereafter, the Board and maintain a register of all
A retired member may be year 1974-1975 any member who of Governors shall make a members of the Integrated Bar;
reinstated to active membership has not paid the annual dues on or reappointment of Delegates among all notify national officers as well as
upon written application to and before November 30, 1974 shall be the Chapters as nearly as may be members of national committees of
approval by the Board. considered a dues-delinquent. If the according to the number of their their election or appointments;
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cause to be prepared the necessary activities of the Integrated Bar. It shall o Committee on Legal Aid. Delegate. Additional Delegates and
official ballots for the election of have authority, inter alia, to: o Committee on Administration of alternates shall in proper cases be
Governors; and perform such other a. Fix the date, time and place of every Justice. elected by the Board of Officers of the
duties as are assigned to him by convention of the House of Delegates; o Committee on Legal Education Chapter. Members of the Board of
these By-Laws, by the President and b. Make appropriations and authorize and Bar Admissions. Governors who are not Delegates shall
by the Board of Governors. disbursements from the funds of the o Committee on Professional be members ex oficio of the House,
(e) Treasurer: The Treasurer shall Integrated Bar; Responsibility, Discipline and without the right to vote.
collect, receive, recorder and c. Engage the services of employees, Disbarment. Sec. 34. Special convention. -
disburse ad funds of the Integrated define their duties and fix their o Committee on Research Services. Special conventions of the House may
Bar; compensation; o Committee on Legislation. be called by the Board of Governors
Sec. 49. Terms of office. - The d. Receive, consider and act on reports o Committee on Public Services. motu proprio, or upon written petition
President and the Executive Vice and recommendations submitted by the o Committee on Inter-Professional therefor filed with the Secretary of the
President shall hold office for a term House of Delegates or its committees; and Business Relations. Integrated Bar signed by not less than
of two years from July 1 following e. Provide for the publication of the o Committee on Books and thirty Delegates.
their election until June 30 of their Journal of the Integrated Bar; Publications. Sec. 33. (b) The President and
second year in office and until their f. Administer the Welfare Fund; o Committee on Unauthorized Executive Vice President of the IBP shall
successors shall have been duly g. Fill vacancies, however arising in the Practice of Law. be the Chairman and Vice-Chairman,
chosen and qualified. positions of officers of the Integrated o Committee on Law Reporting. respectively, of the House of Delegates.
Bar; o Budget committee. The Secretary, Treasurer, and
Board of Governors h. Subject to the approval of the Supreme Sergeant-at-Arms shall be appointed by
Sec. 39. Nomination and election of the Court, promulgate Canons of House of Delegates the President with the consent of the
Governors. - At least one (1) month Professional Responsibility for all The deliberative body of the IBP is the House of Delegates.
before the national convention the members of the Integrated Bar; House of delegates.
delegates from each region shall elect i. Promulgate rules and regulations for Sec. 30. Composition of the House. Chapter Government
the governor for their region, the choice the establishment and maintenance of - The Integrated Bar shall have a House The fundamental objective of the
of which shall as much as possible be lawyer referral services throughout the of Delegates composed of not more Chapter is to administer the affairs of
rotated among the chapters in the Philippines; than one hundred and twenty members the IBP within its territorial jurisdiction
region. j. Subject to the approval of the Supreme apportioned among all the Chapters. under the general direction and
The Integrated bar is governed by a Court, impose special assessments for On or before December 31, 1974, and supervision of the Board of Governors.
Board of Governors consisting 9 specific national purposes, and impose, every two years thereafter, the Board Sec. 2. Objectives and purposes. -
Governors from the 9 regions. or recommend sanctions for non- of Governors shall make a The following are the general objectives
The President and the Executive Vice payment or delinquency in the payment reappointment of Delegates among all of the Integrated bar:
President, if chosen by the Governors thereof; the Chapters as nearly as may be o to elevate the standards of the
from outside themselves, shall ipso k. Prescribe such rules and regulations as according to the number of their legal profession,
facto become members of the board. may be necessary and proper to carry respective members, but each Chapter o to improve the administration of
Sec. 38. Term of office. - The out the objectives and purposes of the shall have at least one Delegate. justice; and
Governors shall hold office for a term of Integrated Bar; and Sec. 31. Membership. - The o to enable the Bar to discharge its
two years from July 1 immediately l. Perform such other functions as may be membership of the House of Delegates public responsibilities more
following their election to June 30 of necessary or expedient in the interest shall consist of all the Chapter effectively.
their second year in office and until of the Integrated Bar. Presidents and in the case of Chapters Each chapter has its own government.
their successors shall have been duly entitled to more than one Delegate The chapter government is vested in a
chosen and qualified. each, the Vice Presidents of the Board of Officers composed of a
Sec. 41. Functions of the Board. - In the discharge of its duties, the Board Chapters and such additional Delegates President, a Vice-President, a
The Board of Governors shall have of Governors is assisted by national as the Chapters are entitled to. Unless Secretary, a Treasurer, and five
general charge of the affairs and committees. the Vice President is already a Directors who shall be elected at the
o Committee on Chapter Affairs. Delegate, he shall be an alternate
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

biennial meeting and shall hold office CHAPTER 5: LAWYER’S A lawyer should be candid and truthful
for a term of 2 years. to the court
DUTIES TO COURTS Canon 10. A Lawyer owes candor, fairness
and good faith to the Court.
He is an officer of the court exercising a
A. LAWYER OWES CANDOR AND privilege, which is indispensable in the
FAIRNESS TO THE COURTS administration of justice.
If he were to act other than candidly,
Canon 10. A Lawyer owes candor, fairness and fairly, and truthfully, the administration
good faith to the Court. of justice will suffer as a result thereby.
Supreme Court aptly underscored
Rule 10.01. A lawyer shall not do any
falsehood, nor consent to the doing of any
in Court, nor shall he mislead or allow the o He is an officer of the court
Court to be misled by an artifice. exercising privileges
indispensable to the
Rule 10.02. A lawyer shall not knowingly administration of justice.
misquote or misrepresent the contents of o Courts are entitled to expect only
a paper, the language or the argument of
complete honesty from lawyers
opposing counsel, or the text of a decision
or authority, or knowingly cite as law a
appearing before them.
provision already rendered inoperative by o Like the court itself, he is an
repeal or amendment, or assert as a fact instrument to advance its ends –
that which has not been proved. the speedy, efficient, and
impartial adjudication of cases.
Rule 10.03. A lawyer shall observe the It is thus unprofessional to deal other
rules of procedure and shall not misuse
than candidly with the facts in taking
them to defeat the ends of justice.
statements of witnesses, in drawing
affidavits, and other documents, and in
Lawyer’s duties to court, generally
the presentation of causes.
A lawyer is, first and foremost, an
A lawyer, however, though an officer of
officer of the court.
the court, is not an umpire but an
His duties to the court are more
significant than those which he owes to
His personal belief in the soundness of
his client.
his cause or of the authorities
His first duty is not to his client but to
supporting it is irrelevant.
the administration of justice.
Client’s success is wholly subordinate.
A lawyer shall do no falsehood
His conduct ought to be scrupulously
Rule 10.01. A lawyer shall not do any
observant of the law and ethics of the falsehood, nor consent to the doing of any in
profession. Court, nor shall he mislead or allow the Court
Should there be conflict between his to be misled by an artifice.
duty to his client and that to the court, He swore, upon his admission to the
he should resolve such conflict in favor practice, that will do no falsehood and
of the latter. conduct himself according to the best of
Primary responsibility being to uphold his knowledge and discretion with all
the cause of justice. good fidelity to the court and to his
client; never to seek to mislead the

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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

courts by an artifice or false statement lawyers to reproduce or copy the same A judicious study of the facts and the A lawyer violates Canon 11 of the code
of fact or law. word for word and punctuation mark by law should advise him when a case when:
The oat embodies the fundamental punctuation mark. should not be filed, as it would only o He threatens the judge with the
duties of a lawyer, which he must honor Only from the Supreme Court’s rulings clutter the dockets. filing of an administrative charge
as there would be a great detriment to, do all other courts, as well as lawyers if his motion is not granted.
if not a failure of, the administration of and litigants, take their bearing. B. OBSERVING AND MAINTAINING o Berating the researcher of the
justice if courts could not rely on the New Civil Code, Article 8. Judicial RESPECT DUE THE COURTS AND court in his pleading is
representations of the lawyers in the decisions applying or interpreting the JUDICIAL OFFICERS disrespectful to the court itself.
handling of their cases. laws or the Constitution shall form a part o A lawyer who openly defied the
A lawyer should not conceal the truth of the legal system of the Philippines. temporary restraining order
from the court, nor mislead the court in Thus, ever present is the danger that if Canon 11. A lawyer shall observe and maintain issued by the Court of Appeals.
not faithfully and exactly quoted, the the respect due to the courts and judicial officers
any manner no matter how demanding
and should insist on similar conduct by others.
his duties to his client may be. decisions and rulings of the Supreme Obeying court orders
No client is entitled to receive from the Court may lose their proper and correct Rule 11.01. A lawyer shall appear in Lawyers are particularly called upon to
lawyer any service involving dishonesty meaning, to the detriment of other court properly attired. obey court orders and processes. They
to the courts. courts, lawyers, and the public who should stand foremost in complying
A lawyers should neither endeavor by may be misled. Rule 11.02. A lawyer shall punctually with the court’s directives and
dishonest means to mislead the court or If inferior courts and members of the appear at court hearings. instructions.
the adverse party nor make false bar meticulously check and recheck Disrespect to judicial incumbents is
Rule 11.03. A lawyer shall abstain from
allegations in a pleading. their citations of authorities, appellate disrespect to that branch of the
scandalous, offensive or menacing
It is improper for counsel of the courts will be precluded from acting on language or behavior before the courts. government to which they belong as
accused to ask him to plead guilty to an misinformation and save precious time well as to the State which has instituted
offense which counsel knows his client in finding out whether the citations are Rule 11.04. A lawyer shall not attribute the judicial system.
did not commit. correct. to a Judge motives not supported by the It may happen that counsel possesses
record or have no materiality to the case. greater knowledge of the law than the
A lawyer shall not misuse rules of judge who presides. It may also happen
Rule 11.05. A lawyer shall submit
procedure that since no court claims infallibility,
grievances against a Judge to the proper
A lawyer should not misquote nor Rule 10.03. A lawyer shall observe the rules authorities only. judges may grossly err in their
misrepresent of procedure and shall not misuse them to decisions. Nevertheless, discipline and
defeat the ends of justice.
Rule 10.02. A lawyer shall not knowingly self-restraint on the part of the
misquote or misrepresent the contents of a Rules of procedure offer innumerable Respect due the courts members of the bar even under these
paper, the language or the argument of opportunities and means for delay and Canon 11. A lawyer shall observe and adverse conditions are necessary to the
opposing counsel, or the text of a decision or to defeat the ends of justice. maintain the respect due to the courts and
authority, or knowingly cite as law a provision
orderly administration of justice.
Procedural rules are instruments in the judicial officers and should insist on similar
already rendered inoperative by repeal or Obedience to lawful orders of the court
speedy and efficient administration of conduct by others.
amendment, or assert as a fact that which is underscored by the fact that a willful
justice. They should be used to achieve This canon should constantly remind
has not been proved. disregard thereof may subject the
such end and not to derail it. lawyers that second only to the duty of
A lawyer who deliberately made it lawyer not only to punishment for
Filing of multiple petitions constitutes maintaining allegiance to the Republic,
appear that the quotations in his motion contempt but to disciplinary action as
abuse of the court’s processes. and to support the Constitution, and
for reconsideration were findings of the an officer of the court.
He should not use his knowledge of law obey the laws of the land, it is the duty
Supreme Court, when they were just The word ―willful‖ conveys the idea of
as an instrument to harass a party. of all attorneys to observe and maintain
part of the memorandum of the Court flagrant misconduct such as would
While a lawyer owes fidelity to the the respect due to the courts of justice
Administrator, and who misspelled the indicate a disposition on the part of a
cause of his client, it should not be at and judicial officers.
name of the complainant and made the lawyer so refractory in character as to
the expense of truth and administration Respect of courts helps build the high
wrong citation of authority. affect his qualifications and standing for
of justice. esteem and regard toward them, which
In signing the Court’s decisions, it is the the further exercise of his profession.
is essential to the proper administration
bounden duty of courts, judges, and
of justice.
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

A lawyer who gives a clearly Inexcusable absence from, or repeated misfeasance in an attempt to hide his own His right to criticize the acts of courts and judges
inadequacies and omissions to escape criticism of in a proper and respectful way and through
unsatisfactory explanation as to why he tardiness in attending a pre-trial or his client. legitimate channels is well recognized.
failed to comply with a lawful order hearing may subject the lawyer to Rule 11.04. A lawyer shall not attribute to a
commits an act within the meaning of disciplinary action and may prejudice Judge motives not supported by the record or A lawyer shall submit grievances to proper
the term ―willful disobedience.‖ his client who may be declared in authorities
have no materiality to the case.
The duty to support the judge does not, however,
default. Disrespectful, abusive, and abrasive preclude a lawyer from filing administrative
Defending judges from unjust language, offensive personalities, complaints against erring judges.
criticism A lawyer shall abstain from offensive unfounded accusations, or intemperate Rule 11.05. A lawyer shall submit grievances
It is the attorney’s duty as an officer of language or behavior words tending to obstruct, embarrass, against a Judge to the proper authorities only.
the court to defend a judge from A lawyer’s language should be forceful That they be filed with the Supreme Court
or influence the court have no place in a
which has administrative supervision over all
unfounded criticism or groundless but dignified, emphatic but respectful pleading. courts and the power to discipline judges of
personal attack. as befitting an advocate and in keeping Neither does the mistake of a judge in some of his
lower courts.
rulings warrant the use of offensive language.
This requires of him not only to refrain with the dignity of the legal profession. Constitution Article VIII Section 6.
In championing the cause of his client, a lawyer
from subjecting the judge to wild and His arguments should be gracious to should not resort to insulting or disparaging The Supreme Court shall have
groundless accusation but also to both the court and opposing counsel language amounting to disrespect toward the administrative supervision over all
discourage other people from so doing. and be of such words as may be court.
courts and the personnel thereof.
By the very nature of his position as properly addressed by one gentleman A judge should be courteous to the lawyer to Constitution Article VIII Section
judge, he lacks the power, outside of to another. merit respect 11.
his court, to defend himself against The use of abusive language by counsel The duty to observe and maintain respect is not a
unfounded criticism and it is the against the opposing counsel one-way duty from a lawyer to a judge. A judge
should also be courteous to counsel, especially The Supreme Court en banc shall have
attorney who can better more constitutes at the same time, a those who are young and inexperienced. the power to discipline judges of lower
appropriately support the judiciary. disrespect to the dignity of the court. courts, or order their dismissal by a
Rule 11.03. A lawyer shall abstain from Upholding court’s authority and dignity
vote of a majority of the Members who
A lawyer shall appear in proper attire scandalous, offensive or menacing language As an officer of the court, a lawyer
actually took part in the deliberations
Rule 11.01. A lawyer shall appear in court or behavior before the courts. should uphold the dignity and authority
on the issues in the case and voted
properly attired. While he should so abstain from using of the court and not promote distrust in
Should be a Barong Tagalog or a coat such language, he may use strong the administration of justice (Canon A lawyer may prefer charges against a judge
and tie, either of which is the language to drive home a point. He has 10). only after proper circumspection and without
recognized formal attire in the country. the right to be assiduous and zealous in He should seek to preserve faith in the the use of disrespectful language or offensive
Respect to the court must begin with the prosecution or defense of the courts and help build and not destroy personalities.
the lawyer’s outward physical client’s cause. the high esteem and regard toward A lawyer may not file administrative
appearance in court. He should be courageous enough to them. complaints against judges until he has
point out errors, arbitrariness, and exhausted judicial remedies which result in a
Sloppy or informal attire adversely He should prevent anybody from
finding that the judge has gravely erred.
reflects on the lawyer and demeans the injustice of the courts and judges. The harboring and encouraging discontent.
dignity and solemnity of the court fear of provoking displeasure of the
proceedings. offended judges must not deter him A lawyer shall not attribute to a judge C. ASSISTING THE COURT IN SPEEDY AND
If he dresses improperly, he may be from complying with this duty to object improper motives EFFICIENT ADMINISTRATION OF JUSTICE
cited for contempt. to illegal or erroneous judicial decisions. A judge may commit errors, he may abuse his
discretion in the resolution of issues before him. Canon 12. A lawyer shall exert every effort and
He should be allowed some latitude of
They do not, however, justify a lawyer to consider it his duty to assist in the speedy and efficient
Lawyers shall be punctual remark or comment in the furtherance administration of justice.
―attribute to a Judge, motives not
A lawyer shows respect to the court by of the causes he upholds.
supported by the record or have no Rule 12.01. A lawyer shall not appear for trial
appearing during the trial punctually It must never be forgotten that a lawyer pleads;
materiality to the case.‖ (Rule 11.04).
he does not dictate. He should be courageous, fair, unless he has adequately prepared himself on
and in proper attire. He should not make hasty accusation against the the law and the facts of his case, the evidence
and circumspect, not petulant, combative, or
He owes it to his client, to the court, judge without any cogent and valid ground existing he will adduce and the order of its preference.
bellicose in his dealings with the court. in the record.
and to the public. He should also be ready with the original
A lawyer should not assail, without basis, the The rule allows criticism so long as it is supported documents for comparison with the copies.
personal integrity of a judge and accuse him of by the record or is material to the case.
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

Rule 12.02. A lawyer shall not file multiple He is prohibited from filing a petition Duty to disclose pending case
actions arising from the same cause.
A lawyer should come to court with the Court of Appeals or the Every party filing an initiatory pleading
Rule 12.03. A lawyer shall not, after obtaining adequately prepared Regional Trial Court where a similar is required to swear under oath that he
extensions of time to file pleadings, Rule 12.01. A lawyer shall not appear for trial petition has been filed or pending with has not and will not commit forum
memoranda or briefs, let the period lapse unless he has adequately prepared himself on the
law and the facts of his case, the evidence he will
the Supreme Court, and vice versa. shopping.
without submitting to the same or offering an
explanation for his failure to do so. adduce and the order of its preference. He should Section 5, Rule 7 of the Rules of This requires disclosure of any pending
also be ready with the original documents for Court: case at the time the initiatory pleading
Rule 12.04. A lawyer shall not unduly delay a comparison with the copies. The plaintiff or principal party shall certify under is filed.
case, impede the execution of a judgment or Rule 18.02 - A lawyer shall not handle oath in the complaining or other initiatory pleading
The fact that the initiatory pleading is
misuse court processes. any legal matter without adequate asserting a claim for relief, or in a sworn
certification annexed thereto and simultaneously not based on the same cause of action
Rule 12.05 A lawyer shall refrain from talking preparation. filed therewith: as the pending case is not a valid
to his witness during the break or recess in the Canon 18 - A lawyer shall serve his excuse for non-compliance with the
trial, while the witness is still under client with competence and diligence. a) that he has not theretofore commenced any
disclosure requirement.
examination. Without adequate preparation, the lawyer may not action or filed any claim involving the same issues
be able to effectively assist the court in the in any court, tribunal or quasi-judicial agency and,
Rule 12.06 A lawyer shall not knowingly assist efficient administration of justice. Nonobservance to the best of his knowledge, no such other action Verification must be signed by the
a witness to misrepresent himself or to or claim is pending therein;
of this rule might result in: party, not his counsel; exception
impersonate another. 1. The postponement of the pre-trial or
b) if there is such other pending action or claim, a The certification against forum shopping
hearing, which would thus entail delay in
Rule 12.07 A lawyer shall not abuse, the early disposition of the case, complete statement of the present status thereof; must be signed by the party himself as
browbeat or harass a witness nor needlessly 2. The judge may consider the client and he has personal knowledge of the facts
inconvenience him. nonsuited or in default or therein stated. It should not be
c) if he should thereafter learn that the same or
3. The judge may consider the case deemed similar action or claim has been filed or is pending, executed by his counsel.
Rule 12.08 - A lawyer shall avoid testifying in submitted for decision without client’s
behalf of his client, except: evidence, to his prejudice.
he shall report that fact within 5 days therefrom to Exceptions:
the court wherein his aforesaid complaint or o Where there are two or more
initiatory pleading has been filed.
(a) on formal matters, such as the mailing, A lawyer shall not file multiple actions parties, all of them must sign the
authentication or custody of an instrument, Litigation must end and terminate Failure to comply with the foregoing requirements verification and non-forum
and the like; or sometime and somewhere.
shall not be curable by mere amendment of the certification, unless the one who
complaint or other initiatory pleading but shall
Once a judgment has become final, the cause for the dismissal of the case without
signs, has been authorized to
(b) on substantial matters, in cases where his execute the same on behalf of
testimony is essential to the ends of justice, in winning party be not deprived of that prejudice, unless otherwise provided, upon motion
which event he must, during his testimony, verdict. after hearing. The submission of false certification the petitioner.
entrust the trial of the case to another counsel. or non-compliance with any of the undertaking o Where the joint parties are
For this reason, a lawyer should not file therein shall constitute indirect contempt of court,
several actions arising from the same without prejudice to the corresponding husband and wife involving their
Duty to assist in the administration of cause or seeking substantially identical administrative and criminal actions. If the acts of property, only the husband may
justice, generally reliefs as those that had already been the party or his counsel clearly constitute willful sign the verification.
and deliberate forum shopping, the same shall be
Being an officer of the court, he is an finally disposed of. o If the party is a juridical person
ground for summary dismissal with prejudice and
instrument to advance its ends – the A lawyer violates his oath when he shall constitute direct contempt, as well as a cause (corporation, partnership), the
speedy, efficient, impartial, correct, and prostitutes judicial process to secure for for administrative sanctions. certification must be executed by
inexpensive adjudication of cases and his client what is not justly and validly a corporate officer or agent duly
the prompt satisfaction of final Forum shopping is the improper authorized by its board of
due him such as improper steps taken
judgments. practice of going from one court to directors.
as a means of draining the resources of
Canon 12. A lawyer shall exert every effort and another in the hope of securing a o A non-forum certification
the proper party.
consider it his duty to assist in the speedy and favorable relief in one court which executed by counsel of the party
efficient administration of justice. another court has denied or the filing of is fatally defective, unless the
He is first and foremost an officer of the A lawyer shall not resort to forum
repetitious suits or proceedings in counsel certifies in the
court. His duties to the court are more shopping
different courts concerning substantially certification that he has personal
significant than those which he owes to Rule 12.02. A lawyer shall not file multiple actions
arising from the same cause. the same subject matter. knowledge of the facts therein
his client.
stated and gives justifiable
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by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

reason why the party himself offended party recover damages twice for the o To pre-empt the initiative of an alive and its decision is binding upon
same act or omission charged in the criminal
cannot sign. action.
honest claimant by filing the suit the heirs of the deceased client.
The reason is that only the party to delay the payment of a just Similarly, it is his duty to inform the
himself has actual knowledge of Sanctions for violation claim. court of any change of his address.
whether or not he has initiated similar Failure to file the certification against forum o To drain the resources of the Although his failure to do so will not
shopping is fatal to the complaint or petition.
actions in different courts or agencies. Subsequent filing of the certification does not cure poorer party by way of prevent any notice sent to his address
the fatal defect. compelling him to submit out of of record to be effective, his conduct
Test to determine forum shopping Rules of Court, Rule 7, Section 5, paragraph 2: sheer exhaustion. may delay the disposition of the case
Failure to comply with the foregoing requirement
The test in determining is whether the While a client may withhold facts from and prejudice the interest of his client.
shall not be curable by mere amendment of the
elements of litis pendentia (a pending complaint or other initiatory pleading, but shall be his counsel or give him false
suit) are present or whether final cause for the dismissal of the case without information to attain unlawful ends, a A lawyer shall not delay or impede the
judgment in one case will amount to res prejudice, unless otherwise provided, upon motion lawyer can easily see through the execution of judgment
and after hearing. The submission of a false
judicata in the other. certification or non-compliance with any of the
client’s action. When that purpose Rule 12.04. A lawyer shall not unduly delay a
Res judicata – a doctrine which becomes evident, the lawyer should not case, impede the execution of a judgment or
undertakings therein shall constitute indirect
misuse court processes.
precludes parties from re-litigating contempt of court, without prejudice to the allow himself to be a party to its
corresponding administrative and criminal actions. The law makes it the lawyer’s duty to
issues actually litigated and determined realization or even withdraw from the
If the acts of the party or his counsel clearly delay no man for money or malice.
by a prior and final judgment. It requires: constitute willful and deliberate forum shopping, case.
Rules of Court, Rule 7, Section 3,
o That there be a decision on the the same shall be ground for dismissal with
paragraph 2: The signature of counsel
merits; prejudice and shall constitute direct contempt, as A lawyer shall file his pleadings within
well as cause for administrative sanctions. constitutes a certificate by him that he
o By a court of competent jurisdiction; the period
o The decision is final; Rule 12.03. A lawyer shall not, after obtaining has read the pleading; that to the best
Lawyer to temper client’s propensity to litigate
o And the two actions involved identical extensions of time to file pleadings, memoranda or of his knowledge, information, and
parties, subject matter, and causes of It is the duty of the lawyer to resist the briefs, let the period lapse without submitting to belief, there is good ground to support
action. whims and caprices of his client and to the same or offering an explanation for his failure
it; and that it is not interposed for
If any one of these elements is absent, there is no
forum shopping.
temper the client’s inclination to to do so.
There is forum shopping where there are identity litigate. Pressure of work or the need for more
time to finish the job often constrains a For where a lawyer insisted on the
of parties or interest, rights asserted, and reliefs Rules of Court, Rule 7, Section 3, client’s patently unmeritorious case or
sought in different tribunals. paragraph 2: The signature of counsel lawyer to ask the court for an extension
EXCEPTION: of time to file a pleading, interposed an appeal merely to delay
The filing of a civil case in court does not constitutes a certificate by him that he litigation or thwart the prompt
preclude the filing of a criminal action arising has read the pleading; that to the best memorandum, or brief. The lawyer’s
failure to make an explanation satisfaction of the prevailing party’s just
from the same set of facts on which the civil of his knowledge, information, and and valid claim, the court may adjudge
action is based, as the law allows it. There is
belief, there is good ground to support constitutes discourtesy to the court.
no forum-shopping in such instances. Where a lawyer’s motion for extension of time to the lawyer liable to pay treble costs.
it; and that it is not interposed for file a pleading, memorandum or brief has remained Procedural rules are precisely designed
Rules of Court, Rule 111, Section 1: Institution delay. unacted by the court, the least that is expected of to accomplish the purpose of rendering
of criminal and civil actions (a) When a This rule imposes upon a lawyer the him is to file it within the period asked for.
criminal action is instituted, the civil action for justice to the parties to a lawsuits free
the recovery of civil liability arising from the
affirmative duty to check useless from the ―law’s delays.‖
Duty to inform client’s death and change of
offense charged shall be deemed instituted litigations, willful violation of which may counsel’s address A lawyer should use those rules for the
with the criminal action unless the offended subject him to disciplinary action, or Rules of Court, Rule 3, Section 16: Death of purpose and not for its frustration.
party waives the civil action, reserves the right render him liable for costs of litigation. party; duty of counsel: Whenever a party to a
to institute it separately, or institutes the civil pending action dies, and the claim is not thereby Litigation is not a game of technicalities
action prior to the civil action. A litigant may seek his legal assistance in which one, more deeply schooled and
distinguished, it shall be the duty of his counsel to
for reasons other than to vindicate a inform the court within thirty (30) days after such skilled in the subtle art of movement
Section 3: When civil action may proceed legal wrong or other than to prosecute death of the fact thereof, and to give the name
and position, entraps and destroys the
independently. – In the cases provided in and address of his legal representative or
Articles 32, 33, 34, and 2176 of the Civil Code
a valid cause. other. It is rather a contest in which
representatives. Failure of counsel to comply with
of the Philippines, the independent civil action The purpose may either be: this duty shall be a ground for disciplinary action. each contending party fully and fairly
may be brought by the offended party. It shall o To harass a party or injure the If no such notice is made, the court will
proceed independently of the criminal action
lays before the court the facts in issue
opposite party or work oppression proceed to conclusion as if the party is
and shall require only a preponderance of
evidence. In no case, however, may the or wrong.
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

and then asks that justice be done upon Rule 12.06 A lawyer shall not knowingly assist a While the law does not disqualify a
the merits. witness to misrepresent himself or to impersonate lawyer from being a witness and an
A lawyer should not hide behind a maze advocate at the same time in a case, A lawyer should rely on the merits of
While he may interview witnesses in
of technicalities to delay if not defect the practice is violative of the rule on his case
advance of trial or attend to their needs
the recovery of what is justly due and professional conduct. CANON 13 - A lawyer shall rely upon the merits of
if they have no adequate means of his cause and refrain from any impropriety which
demandable. It would also be improper for a lawyer
defraying their own expenses, the tends to influence, or gives the appearance of
to accept employment in a case where
lawyer should avoid any such action as influencing the court.
Lawyer to discourage appellate review it would be his duty to attack the Improper acts lessen the confidence of
may be misinterpreted as an attempt to
If a lawyer is honestly convinced of the testimony to be given by his partner on the public in the impartial
influence the witness as to what to say
futility of an appeal in a civil suit, he behalf of the opposite side. administration of justice and should be
in court.
should not hesitate to inform his The underlying reason for the avoided.
A lawyer who presents a witness whom
disappointed client that most likely the impropriety of a lawyer acting in such
he knows will give a false testimony
verdict would not be altered. dual capacity: A lawyer shall not extend hospitality
may be subjected to disciplinary action.
He should advise his client to accept the o The function of a witness is to tell to a judge
judgment of the trial court and thus the facts. Rule 13.01 - A lawyer shall not extend
Lawyers shall not harass a witness
accord respect to the just claim of the Rule 12.07 A lawyer shall not abuse, browbeat or
o The function of an advocate is extraordinary attention or hospitality to, nor seek
opposite party. harass a witness nor needlessly inconvenience that of a partisan. opportunity for cultivating familiarity with Judges.
He should temper his client’s desire to him. It is difficult to distinguish between the The unusual attention may subject both
seek appellate review of such decision. Duty to always treat adverse witnesses zeal of an advocate and the fairness the judge and the lawyer to suspicion.
with fairness and due consideration. o The common practice of some lawyers
Unless he could sufficient cause for and impartiality of a disinterested
making judges and prosecutors godfathers
reversal, he would only succeed in Rules of Court, Rule 138, Section 20: witness. of their children to enhance their influence
planting false hopes in his client’s mind, It is hard to disassociate his relation to and their law practice should be avoided by
increase the burden on appellate (f) To abstain from all offensive his client as an attorney and his relation judges and lawyers alike.
personality and to advance no fact o A lawyer should not see a judge in
tribunals, prolong litigation to the party as a witness. chamber and talk to him about a case he is
unnecessarily, and expose his client to prejudicial to the honor or reputation of handling and pending in the judge’s court.
useless expenses of suit. a party or witness, unless required by D. AVOIDING IMPROPRIETY THAT o A lawyer should not communicate to the
It has also been held that the failure of the justice of the cause with which he is TENDS TO INFLUENCE THE COURT judge the merits of a pending case.
counsel to file an appeal is negligent in charged;
the performance of his duties to his A lawyer shall not publicly discuss
client. If the lawyer does not hear from A lawyer shall avoid testifying for a CANON 13 - A lawyer shall rely upon the merits of his pending cases
client cause and refrain from any impropriety which tends to Rule 13.02 - A lawyer shall not make public
the client, he should perfect an appeal
influence, or gives the appearance of influencing the statements in the media regarding a pending case
within the period. Rule 12.08 - A lawyer shall avoid testifying in
tending to arouse public opinion for or against a
behalf of his client, except: court.
A lawyer shall not talk to a witness Newspaper publications by a lawyer
Rule 13.01 - A lawyer shall not extend
during recess (a) on formal matters, such as the mailing, extraordinary attention or hospitality to, nor
concerning pending litigation may
Rule 12.05 A lawyer shall refrain from talking to authentication or custody of an instrument, seek opportunity for cultivating familiarity with interfere with a fair trial and prejudice
his witness during the break or recess in the trial, and the like; or Judges. the impartial administration of justice.
while the witness is still under examination.
The purpose of the rule is to avoid any The restriction, however, does not
(b) on substantial matters, in cases where his
suspicion that he is coaching the testimony is essential to the ends of justice, in Rule 13.02 - A lawyer shall not make public prohibit issuance of statements made
witness of what to say during the which event he must, during his testimony, statements in the media regarding a pending by public officials charged with the duty
resumption of the examination.
entrust the trial of the case to another counsel. case tending to arouse public opinion for or of prosecuting or defending actions in
against a party. court.
The rule prohibits the practice of the However, such statements should avoid
A lawyer shall not assist a witness to
lawyer taking the witness stand and Rule 13.03 - A lawyer shall not brook or invite
any statement of fact likely to create an
misrepresent interference by another branch or agency of
asking questions to him and answering adverse attitude in the public mind.
the government in the normal course of
them as a witness. judicial proceedings.

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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

Criticism of pending and concluded A lawyer is expected to consider it his CHAPTER 6: NATURE AND CREATION OF The lawyer is also as independent as a judge,
lititation duty to expose the shortcomings and ATTORNEY-CLIENT RELATIONSHIP with powers entirely different from and
superior to those of an ordinary agent.
The right of a lawyer to comment on a indiscretions of courts and judges.
CANON 14. A lawyer shall not refuse his services Moreover, he is an officer of the court.
pending litigation or to impugn the In the prosecution of appeals, for to the needy. The relation of attorney and client is strictly
impartiality of a judge to decide it is example, he points out the errors of personal and highly confidential.
much circumscribed. lower courts. Rule 14.01. A lawyer shall not decline to Its creation breathes life to the rules and
What he can ordinarily say against a In articles written for law journals, he represent a person solely on account of ethics of the legal profession and requires of
concluded litigation the manner the dissects with detachment the doctrinal the latter’s race, sex, creed or status of an attorney who accepts a retainer a high
judge handed down the decision therein pronouncement of courts and fearlessly life, or because of his own opinion standard of conduct and an appreciation of
regarding the guilt of said person. his duties to his client, to the court, to the
may not be generally said to a pending lays bare for all to see the flaws and
bar, and to the public.
action. inconsistencies of the doctrines. Rule 14.02. A lawyer shall not decline,
The court, in a pending litigation, must except for serious and sufficient cause, an Relation as strictly personal
be shielded from embarrassment or A lawyer shall not invite judicial appointment as counsel de oficio or as The relationship involves mutual trust and
influence in its duty of deciding the interference amici curiae, or a request from the confidence to the highest degree.
case. Rule 13.03 - A lawyer shall not brook or invite Integrated Bar of the Philippines or any of The personal character of the relation
interference by another branch or agency of the its chapters for rendition of free legal aid. prohibits its delegation in favor of another
On the other hand, once a litigation is government in the normal course of judicial attorney without the client’s consent.
concluded, the judge is subject to the proceedings. Rule 14.03. A lawyer may refuse to What may not be delegated: The relationship
same criticism as any other public It endangers the independence of the accept representation of an indigent client itself.
official. A lawyer enjoys wider latitude judiciary. if: It also terminates upon the death of either
of comment or criticism. the client or the attorney.
a. He is not in a position to carry The deceased attorney’s personal
Limitations on right to criticize out the work effectively or representative has no right to assign pending
The right of a lawyer to comment is not competently; cases to a counsel of his choice. Such matter
unlimited. It is the cardinal condition of is for the client to decide.
b. He labors under a conflict of A client can terminate the relationship at any
all such criticism that it shall be bona
interests between him and the time with or without cause.
fide and shall not spell over the walls of prospective client or between a An attorney, however, being an officer of the
decency and propriety. present client and the prospective court, enjoys no similar right. He may be
Unfair criticism is a gross violation of client. permitted to withdraw from the case only with
the lawyer’s duty to respect the courts. the consent of the client or that of the court.
Rule 14.04. A lawyer who accepts the Only a proper sense of detachment will
Right and duty of lawyer to criticize cause of a person unable to pay his enable the attorney to adequately serve the
professional fees shall observe the same interest of his client.
the courts
standard of conduct governing his The personal relation does not require an
The rule is not, however, intended to relations with paying clients. attorney to adopt as his own, the troubles of
prevent criticism of the judicial acts. For his client for he is likely to lose his composure
the guarantees of free speech and free and equanimity.
press include the right to criticize the A. NATURE OF RELATION It is advisable for a lawyer who is a party
judicial conduct. litigant not to appear for himself or for a close
Nature of client relationship, generally relative.
Whether the law was wisely or badly
Historically, the nature of lawyer-client His personal involvement may blur his sense
enforced is a fit subject for proper relationship is premised on the Roman Law of duty and purpose and affect his
comment. concepts of location conduction operarum performance, to his or the client’s detriment.
If the people cannot criticize a judge (contract of lease of services) and mandato In that situation, he should ask another
the same as any other public official, (contract of agency) lawyer who can act with more detachment
public opinion will be effectively In modern day, an attorney is more than a and less emotional involvement to undertake
muzzled. mere agent or servant because he possesses the active prosecution or defense of the case.
special powers of trust and confidence
reposed on him by his client. Relation as fiduciary and confidential

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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

The relation is highly fiduciary in nature and The term “retainer” may refer to either of 2 the former ratifies or is stopped to deny the o Signing a pleading for and on behalf of
of a very delicate, exacting, and confidential concepts: assumed authority. another counsel of record.
character. 1. The act of the client engaging the
It demands undivided allegiance, a high services of an attorney to render legal Sufficiency of professional employment In the absence of a written retainer, the
degree of good faith, disinterestedness, advice or defend or prosecute his The essential feature of the relation is the fact establishment of the attorney-client
candor, fairness, loyalty, fidelity, and absolute cause in court. of employment. relationship depends upon the circumstances
integrity in all his dealings with his clients and a. General Retainer – its purpose While a written agreement for professional of the case.
utter renunciation of every personal is to secure beforehand, the services is the best evidence to show the The employment or authority to employ an
advantage conflicting with the interest of his services of an attorney for any relation, formality is not an indispensable attorney need not be proved in writing; such
client. legal problem that may element of the employment of an attorney. fact could be inferred from circumstantial
His responsibilities to his client should, afterward arise. It is not necessary that a retainer should have evidence.
however, be reconciled with his duties to the b. Special Retainer – has been paid, promised, or charged. The moment complainant approached the
court. Each of them requires fidelity and reference to a particular case or Nor is it material that the attorney who was then receptive respondent to seek legal
loyalty in varying degrees within limits. service only. consulted does not afterward undertake the advice, a veritable lawyer-client relationship
Deviation from such limits may invite the 2. The retaining fee which a client pays case. evolved between the two. Such relationship
exercise of disciplinary power by the court. to an attorney when the latter is The absence of a written contract will not imposes upon the lawyer certain restrictions
retained. preclude a finding that there is a professional circumscribed by the ethics of the profession.
Rules protective of relation o It is a preliminary fee paid to relationship. To keep inviolate, confidential information
The preservation and protection of that insure and secure his future The contract may be express or implied. acquired or revealed during legal
relation will encourage a client to entrust his services. An acceptance is implied when the attorney consultations. The fact that one is not inclined
legal problems to an attorney, which is of o To remunerate him for being acts in pursuance of a request. to handle the client’s case, at the end of the
paramount importance to the administration deprived of the opportunity of There is an implied contract of professional day, is hardly of consequence. Of little
of justice. rendering services to the other employment where an attorney appears on moment is the fact that no formal
Rules promulgated, in the nature of party by being retained by one behalf of a party without the latter professional engagement follows the
injunctions peculiarly addressed to an party. interposing any objection to it. consultation. (Hadjula vs Madianda)
attorney: o It is apart from what the client To establish professional relation, it is
1. To exert his best effort and learning in has agreed to pay for the sufficient that the advice and assistance of an Employment of law firm
the protection of the interest of his services which he has retained attorney is sought and received in any matter The employment of a law firm is equivalent to
client; him to perform. pertinent to his profession. the retainer of the member even though only
2. To promptly account for any fund or Its purpose: To prevent undue hardship on If a person consults with an attorney in his one of them is consulted.
property entrusted by or received for the part of the attorney based on the rule professional capacity with the view of Conversely, the employment of one member
his client; forbidding him from acting as counsel for the obtaining professional advice or assistance, is generally considered as employment of the
3. Not to purchase or acquire, any other party after he has been retained by or and the attorney voluntarily permits or law firm.
property or interest of is client in has given professional advice to the opposite acquiesces in such consultation as when he When a client employs the services of a law
litigation; party. listens and gives advice, the professional firm, he employs the entire law firm and not
4. To forever keep inviolate his client’s employment is regarded as established. the lawyer assigned to personally handle the
secrets or confidence, and not to Circumstances which do not establish an case.
abuse them; Necessity of retainer attorney client relationship: In the event that the counsel appearing for
5. Not to represent a party whose An attorney has no power to act as counsel or o That an attorney for buyer wrote the client resigns or dies, the firm is bound to
interest is adverse to that of his client legal representative for a person without letters to tenants giving them a period provide a replacement.
even after the termination of the being retained. to exercise their preferential right to Reason for the rule: Information obtained
relation. He may not appear in court for a party buy the land, that he prepared the from a client by a member of the law firm is
The Supreme Court requires strict obedience without being employed, unless by leave of deed of sale in favor of the buyer, and information imparted on the firm.
to those rules and subjects the attorney to court. that he charged the seller the fees for The member acts in the name and interest of
discipline and administrative liability for Rules of Court, Rule 138, Sec. 21. such services do not make the the firm.
inexcusable breach thereof to protect the …. attorney the counsel for the seller as Death of the member does not extinguish the
public, the court, and the client from An attorney willfully appearing in court for a those matters were wrapped up in the lawyer-client relationship. The responsibility
dishonesty and incompetence of unfaithful person without being employed, unless by sale, and could have been done as to continue representation devolves upon the
lawyers. leave of the court, may be punished for counsel for the buyer in the remaining lawyers of the firm until they have
contempt as an officer of the court who has furtherance of the latter’s interests. withdrawn from the case.
B. RETAINER OR EMPLOYMENT misbehaved in his official transactions. o By helping an appellant perfect his
Neither the purported client nor the adverse appeal but without entering his Who can employ an attorney
Concept of term “retainer” party may be bound by his appearance unless appearance or signing a pleading.
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

Generally, any person who has the legal Without clients, a lawyer may not be able to
capacity to contract can employ an attorney. C. ETHICAL NORMS AND RESTRICTIONS make a name as a practitioner though how
A person suffering from some legal disability talented he may be.
cannot retain a lawyer to appear for him in Canon 15. A lawyer shall observe candor, On the other hand, a lawyer cannot just
court. fairness and loyalty in all his dealings and accept any case nor can he employ business
Only a general guardian ad litem has the transactions with his clients. methods to solicit professional employment or
authority to employ an attorney to represent Rule 15.01. A lawyer, in conferring with a to advertise his talent and skill to attract
a minor or incompetent. prospective client, shall ascertain as soon prospective clients.
However, the appearance of a lawyer as as practicable whether the matter would
authorized by a relative of the minor or involve a conflict with another client or his Lawyer shall ascertain possible conflict of
incompetent is intrusive and will have no own interest, and if so, shall forthwith interests
effect, except to show the attorney’s good inform the prospective client. Rule 15.01. A lawyer, in conferring with a
faith in appearing in court. prospective client, shall ascertain as soon as
An agent clothed by his principal with the Rule 15.02. A lawyer shall be bound by practicable whether the matter would involve
power to deal with the principals’ property or the rule on privileged communication in a conflict with another client or his own
interest has the authority to engage the respect of matters disclosed to him by a interest, and if so, shall forthwith inform the
services of an attorney as counsel for the prospective client. prospective client.
principal. It is the duty of a lawyer to disclose and
The agent’s authority to employ an attorney Rule 15.03. A lawyer shall not represent explain to a prospective client all
for his principal need not be in writing. It may conflicting interests except by written circumstances of his relations to the parties,
be inferred from circumstantial evidence. consent of all concerned given after a full and any interest in connection with the
General Rule: A wife has the authority to disclosure of the facts. controversy, which in his honest judgment,
engage the services of counsel even without might influence the client in the selection of a
her husband’s consent in any of the instances Rule 15.04. A lawyer may, with the counsel.
where she may prosecute or defend an action written consent of all concerned, act as The disclosure is more for the protection of
without the necessity of joining her husband mediator, conciliator or arbitrator in the lawyer than that of the client.
as a party litigant. settling disputes. If a lawyer conceals the fact that the adverse
o Exception: She cannot, however, bind party used to be his client, the new client
the conjugal partnership for the Rule 15.05. A lawyer when advising his may have reason to suspect, in case of an
payment of the fees of her lawyer client shall give a candid and honest unfavorable judgment, that the circumstance
without the husband’s authority. opinion on the merits and probable results prevented him from the full discharge of his
o Exception to the exception: In a suit of the client’s case, neither overstating duty.
between her and her husband, which nor understanding the prospects of the Concealment of facts material to employment
she is compelled to institute or resist case. may cause his client to lose confidence in
to protect her rights. him.
General Rule: In a corporation, only the board Rule 15.06. A lawyer shall not state or
of directors has the authority to employ an imply that he is able to influence any Duty to decline employment
attorney to sue or defend an action for the public official, tribunal or legislative body. A lawyer should decline professional
corporation as the power to sue and be sued employment even though how attractive the
is lodged in them. Rule 15.07. A lawyer shall impress upon fee may be if its acceptance will involve a
o Exceptions: his client compliance with the laws and violation of any of the rules of the legal
Such power to employ an the principles of fairness. profession.
attorney may be delegated in After giving advice to a plaintiff concerning a
favor of any of its corporate Rule 15.08. A lawyer who is engaged in claim, the lawyer may not thereafter accept
officers, expressly or impliedly. another profession or occupation retainer from the defendant to defeat that
A single stockholder may concurrently with the practice of law shall claim.
institute a derivative suit on make clear to his client whether he is He may not accept employment from another
behalf of a corporation and acting in a matter adversely affecting any interest of
employ an attorney for that his former client with respect to which,
purpose. confidence has been reposed.
Generally Nor may he handle a case to nullify a contract
A lawyer may only be as successful in the which he prepared.
practice as he has enough paying clientele.
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

He should not accept employment as an to be bad? Johnson: Sir, you do not know it or interest; (Rule 138, Section 20 The primary task of a lawyer, as an advocate,
advocate in any matter in which he had to be good or bad till the judge determines (g), Rules of Court) is to represent a party litigant in court, either
intervened while in the government service. it.. o Finally, he ―must decline to conduct a as counsel for plaintiff or for defendant, or as
This canonical injunction is based upon the civil cause or to make a defense when a public prosecutor or as defense counsel.
necessity that professional integrity and convinced that it is intended merely to 1. General Rule: A private practitioner is
public confidence in that integrity be It is his business to judge; and you are not to harass or injure the opposite party or not obligated to act as counsel for any
maintained. be confident in your opinion that a cause is to work oppression or wrong.‖ person who may wish to become his
He may not accept employment from an bad, but to say all you can for your client.‖ If a lawyer were to take a bad civil suit client. He has the right to decline
organization to render legal services to A lawyer certainly knows whether a case is against a defendant, it will either be to exert employment.
members thereof concerning questions good or bad because it is not only his function his best efforts toward a compromise or, if 2. Exception: Public prosecutor who
submitted by the members, the answers to but his duty to find out. unsuccessful, to advice his client to confess cannot choose cases to prosecute.
which are printed for circulation. In a criminal action, it is the ―right of the judgment.
He may not accept employment as a lawyer to undertake the defense of a person The reason why laymen often ask the ethical Canon 14: Duty of a lawyer to accept
columnist to answer inquiries for advice as to accused of crime, regardless of his personal question – how can a lawyer take a case employment insofar as the needy and poor
individual rights through the medium of a opinion as to the guilt of the accused; which he does not believe in? – is due partly are concerned. Refusal to accept being made
newspaper column. otherwise, innocent persons, victims only of to unfamiliarity with the rules and ethics of the exception. Two reasons:
Nor may he accept employment from a suspicious circumstances, might be denied the legal profession and partly to a lack of 1. The poor and the needy need most the
collection agency which solicits business to proper defense.‖ appreciation of the rights of an accused. services of a lawyer but hesitate to
collect its claims. It is improper for a lawyer to assert in secure such because they cannot
EXCEPTIONS: Rule 14.03. A lawyer may argument his personal belief in his client’s D. LAWYER MAY NOT REFUSE HIS SERVICES afford to pay or fear refusal for their
refuse to accept representation of an indigent innocence or in the justice of his cause. inability to compensate the lawyer.
client if: In a civil action, the rules and ethics of the CANON 14. A lawyer shall not refuse his services to 2. IBP objective to make legal services
o He is not in a position to carry out the profession enjoin a lawyer from taking a bad the needy. available for those who need them.
work effectively or competently; case. Requires a lawyer should not lightly
Rule 14.01. A lawyer shall not decline to
o He labors under a conflict of interests o Firstly, the signature of counsel decline employment.
represent a person solely on account of the
between him and the prospective constitutes a certificate by him that he
latter’s race, sex, creed or status of life, or
client or between a present client and has read the pleading; that to the best because of his own opinion regarding the guilt A lawyer shall not decline to represent
the prospective client. of his knowledge, information, and of said person. unpopular clients
belief there is good ground to support Rule 138, sec. 20 (h-i). Duties of attorneys.—
A lawyer shall preserve the secrets of a it; and that it is not interposed for Rule 14.02. A lawyer shall not decline, except It is the duty of an attorney: (h) Never to
prospective client delay. for serious and sufficient cause, an reject, for any consideration personal to
Rule 15.02. A lawyer shall be bound by the appointment as counsel de oficio or as amici himself, the cause of the defenseless or
rule on privileged communication in respect of Counsel who deliberately files an curiae, or a request from the Integrated Bar of oppressed.
the Philippines or any of its chapters for
matters disclosed to him by a prospective unsigned pleading, or signs a pleading Rule 14.01. A lawyer shall not decline to
rendition of free legal aid.
client. in violation of this Rule, or alleges represent a person solely on account of the
Matters disclosed by a prospective client to a scandalous or indecent matter therein, Rule 14.03. A lawyer may refuse to accept latter’s race, sex, creed or status of life, or
lawyer are protected by the rule on privileged or fails to promptly report to the court representation of an indigent client if: because of his own opinion regarding the guilt
communications even if the prospective client a change of his address, shall be of said person.
does not thereafter retain the lawyer or the subject to appropriate disciplinary a. he is not in a position to carry out
lawyer declines the employment. action. (Rule 7, Section 3, Rules of the work effectively or competently; Regardless of his personal feelings, a lawyer
Reason: To make the prospective client Court) should not decline representation just
discuss freely whatever he wishes with the o Secondly, it is the duty of an attorney: b. he labors under a conflict of because a client or a cause is unpopular or
interests between him and the
lawyer without fear that what he discloses will To counsel or maintain such actions or community reaction is adverse.
prospective client or between a present
not be divulged nor used against him and for proceedings only as appear to him to History is replete with instances of
client and the prospective client.
the lawyer to be equally free to obtain be just, and such defenses only as he distinguished and sacrificial services by
information from such prospective client. believes to be honestly debatable Rule 14.04. A lawyer who accepts the cause lawyers who had represented unpopular
under the law; (Rule 138, Section 20 of a person unable to pay his professional fees clients and causes, and received accolade for
Ethical considerations in taking a bad case (c), Rules of Court) shall observe the same standard of conduct such services from peers in the bar.
“How can a lawyer take a case which he does o Thirdly, it is the duty of an attorney: governing his relations with paying clients.
not believe in?” Not to encourage either the It is his duty not to decline to represent the
The classical answer to the question is the commencement or the continuance of accused regardless of his opinion as to his
familiar dialogue ―Boswell: But what do you an action or proceeding, or delay any Lawyer as advocate, generally guilt.
think of supporting a cause which you know man's cause, from any corrupt motive
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

The law presumes the accused innocent, and 3. Appointment of counsel de oficio for become his client. He has the right to decline Amount of attorney’s fees or client’s financial
entitled to acquittal unless his guilt is proved the accused.—If it appears from the employment. capability to pay should not serve as a test to
beyond reasonable doubt. If the rule were record of the case transmitted that EXCEPTIONS: determine the extent of the lawyer’s devotion
otherwise, innocent persons, victims of a. the accused is confined in 1. A lawyer shall not refuse his services to to his client’s cause.
suspicious circumstances, might be denied prison, the needy or indigent.
proper defense. b. is without counsel de parte on 2. He shall not decline to represent a person
appeal, or solely on account of the latter’s race, sex,
A lawyer shall not decline appointment by c. Has signed the notice of appeal creed or status of life or because of his
the court or by the IBP himself, the clerk of court of own opinion regarding the guilt of said
The relation of attorney and client may be the CA shall designate a person. (Canon 14, Rule 14.01)
created not only by voluntary agreement but counsel de oficio. 3. If there is serious and sufficient cause, an
also by appointment as counsel de oficio for a appointment as counsel de oficio or as
poor or indigent litigant. An appellant who is not confined in prison amici curiae, or a request from the
Rule 138, sec. 31 Attorney’s for destitute may, upon request, be assigned a counsel de Integrated Bar of the Philippines or any of
litigants.—A court may assign an attorney to oficio within the 10 days from receipt of the its chapters for rendition of free legal aid.
render professional aid free of charge to any notice to file brief and he establishes his right (Canon 14, Rule 14.02)
party in a case, if upon investigation it thereto by affidavit. (Rule 124, Sec. 2, Rules
appears that the party is destitute and unable of Court) A government lawyer called upon to represent
to employ an attorney, and that the services the government, any agency, or any officer in
of counsel are necessary to secure the ends The court may not assign a counsel de oficio his official capacity either as plaintiff or
of justice and to protect the rights of the to defend an accused when he previously defendant in a case, may not generally
party. It shall be the duty of the attorney so manifested his desire to secure the services decline the assignment.
assigned to render the required service, of a counsel de parte. If the court does so, it o Exception: He is disqualified to act as
unless he is excused therefrom by the court violates the defendant’s right to counsel, and counsel.
for sufficient cause shown. his conviction may be set aside on that The Solicitor General is the principal law
In a criminal action, the court may appoint a ground. If a counsel de oficio is appointed, he officer and legal defender of the Government.
counsel de oficio in the following instances: must protest such appointment. o Has discretion in choosing whether to
1. Duty of court to inform accused of his Where a counsel de oficio has been assigned prosecute or not, or to abandon a
right to counsel.—Before arraignment, to an accused and such counsel has acted prosecution already started.
the court shall inform the accused of without objection from the accused, the o To take a position adverse to the
his right to counsel and ask him if he conviction cannot be set aside on the sole people of the Philippines in a criminal
desires to have one. Unless the ground that said counsel was not the choice case or to that of a government
accused is allowed to defend himself in of the accused. agency or official when he believes
person or has employed counsel of his that justice will be served by taking a
choice, the court must assign a Frequent appointment of same counsel different stand.
counsel de oficio to defend him. (Rule discouraged o But cannot refrain from performing his
116, Sec. 6, Rules of Court) The burden of regular practice and the duty as lawyer of the government.
2. It shall be the duty of the clerk of the possibility of compensation as counsel de o Mandamus will lie to compel him to
trial court, upon filing a notice of oficio as a regular source of income should perform if refusal is based on flimsy
appeal, to ascertain from the caution a court from frequently appointing the grounds.
appellant, if confined in prison, same lawyer.
whether he desires the Regional Trial The overburdened counsel may have too little A lawyer shall observe the same standard
Court, Court of Appeals, or the time to spare for his de oficio cases or may be for all clients
Supreme Court to appoint a counsel de eager to finish such cases to be able to collect Rule 14.04. A lawyer who accepts the cause
oficio to defend him and to transmit his fees within the earliest possible time. of a person unable to pay his professional
with the record on a form to be The accused stands to suffer, denied effective fees shall observe the same standard of
prepared by the clerk of court of the assistance. conduct governing his relations with paying
appellate court, a certification of clients.
compliance with this duty and the A lawyer may refuse to represent indigent The purpose of the legal profession is to
response of the appellant to his on valid grounds render public service and secure justice for
inquiry. (Rule 122, Sec. 13, Rules of GENERAL RULE: A lawyer is not obliged to act those who seek its aid.
Court) as counsel for any person who may wish to The gaining of a livelihood is only a secondary
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“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

CHAPTER 7 – LAWYER’S Public interest requires that an attorney exert

his best efforts in the prosecution or defense
statute shall have been construed and
interpreted by competent jurisdiction, he is
DUTIES IN HANDLING A. ENTIRE DEVOTION WITHIN THE LAW of his client’s cause. free and is entitled to advice as to its validity
and as to what he conscientiously believes to
CLIENT’S CAUSE Generally A lawyer shall perform duty within the law its just meaning and extent.
No lawyer is obliged to act as advocate for Rule 15.07. A lawyer shall impress upon his
every person who may wish to secure his client compliance with the laws and the
Canon 15. A lawyer shall observe candor, services. He has the right to decline principles of fairness. But above all a lawyer will find his highest
fairness and loyalty in all his dealings and employment. Duties of attorneys. - It is the duty of an honor in a deserved reputation for fidelity to
transactions with his clients. No fear of judicial disfavor or public attorney: (c) To counsel or maintain such private trust and to public duty, as an honest
unpopularity should restrain him from the full actions or proceedings only as appear to him man and as a patriotic and loyal citizen.
Rule 15.01. A lawyer, in conferring with a discharge of his duty. to be just, and such defenses only as he
prospective client, shall ascertain as soon In the judicial forum, the client is entitled to believes to be honestly debatable under the
as practicable whether the matter would the benefit of any and every remedy and law. (Rule 138, Sec. 20, Rules of Court) A lawyer shall give candid advice on merits
involve a conflict with another client or his defense that is authorized by law, and he may Duty to secure for the client, through of case
own interest, and if so, shall forthwith expect his lawyer to assert every such honorable means, only what is justly due him. A lawyer should endeavor to obtain full
inform the prospective client. remedy or defense. knowledge of his client's cause before
A lawyer is required to represent his client advising thereon.
Rule 15.02. A lawyer shall be bound by Once he agrees to take up the cause of a within the bounds of the law. The CPR enjoins Rule 15.05. A lawyer when advising his
the rule on privileged communication in client, the lawyer owes fidelity to such cause him to employ only fair and honest means to client shall give a candid and honest opinion
respect of matters disclosed to him by a and must always be mindful of the trust and attain the lawful objectives of his client and on the merits and probable results of the
prospective client. confidence reposed in him. warns him not to allow his client to dictate client’s case, neither overstating nor
He must serve the client with competence procedure in handling the case. He may use understanding the prospects of the case.
Rule 15.03. A lawyer shall not represent and diligence, and champion the latter’s arguable construction of the law or rules It is incumbent upon a lawyer to give his
conflicting interests except by written cause with whole-hearted fidelity, care, and which are favorable to his client. But he is not client an honest opinion on the probable
consent of all concerned given after a full devotion. allowed to knowingly advance a claim or results of the case, with the end vie of
disclosure of the facts. A lawyer who performs his duty with diligence defense that is unwarranted under existing promoting respect for the law and legal
and candor not only protects the interest of law. processes.
Rule 15.04. A lawyer may, with the his client; he also serves the ends of justice,
written consent of all concerned, act as does honor to the bar, and helps maintain the The trust confided to an attorney must be As officers of the court, counsels are under
mediator, conciliator or arbitrator in respect of the community to the legal performed within the bounds of law. obligation to advice their clients against
settling disputes. profession. (Aromin v. Atty. Boncavil) His office does not permit violation of law or making untenable and inconsistent claims.
any manner of fraud or chicanery.
Rule 15.05. A lawyer when advising his He swore, upon his admission to the practice,
client shall give a candid and honest Every case a lawyer accepts deserves his full to uphold the cause of justice, obey the law, If a lawyer finds his client’s contemplated civil
opinion on the merits and probable results attention, diligence, skill, and competence and do no falsehood. suit totally devoid of merit or wholly
of the client’s case, neither overstating regardless of its importance and whether he defenseless, he should inform his client and
nor understanding the prospects of the accepts it for a fee or free. Certainly, a There is nothing in the duty to a client which dissuade him from filing or to compromise
case. member of the Bar who is worth his title makes it necessary for a lawyer to swear to rather than traverse the incontrovertible.
cannot afford to practice the profession in a that which is false, to disregard the truth and If, on the other hand, he finds that his client’s
Rule 15.06. A lawyer shall not state or lackadaisical fashion. A lawyer’s lethargy is defy the clear purpose of the law, or to obtain cause is fairly meritorious and ripe for judicial
imply that he is able to influence any both unprofessional and unethical (Jardin v. for his client something to which he is not adjudication, he should refrain from making
public official, tribunal or legislative body. Atty. Villar) justly and fairly entitled. bold and confident assurances of success.
To permit lawyers to resort to unscrupulous Rule 15.06. A lawyer shall not state or imply
Rule 15.07. A lawyer shall impress upon The court as guardian of the legal profession practices for the protection of the supposed that he is able to influence any public official,
his client compliance with the laws and expects a lawyer to employ all the energies at rights of their clients is to defeat the tribunal or legislative body.
the principles of fairness. his command. It demands of him the most administration of justice. The miscarriages to which justice is subject,
scrupulous performance of his duty. When rendering any improper service or by reason of surprises and disappointments in
Rule 15.08. A lawyer who is engaged in Negligence thereof will cause delay in the advice, the lawyer invites stern and just evidence and witnesses, through mistakes
another profession or occupation administration of justice or prejudice the condemnation. and errors of courts, even though only
concurrently with the practice of law shall litigant’s rights. occasional, admonish lawyers to beware of
make clear to his client whether he is He must also observe and advise his client to bold and confident assurances to clients,
acting as a lawyer or in another capacity. observe the statute law, though until a
ralc2011 77 ralc2011 78
Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

especially where the employment may trial when he is under affliction or officer by an artifice or false statement of fact Prosecuting or defending matrimonial
depend upon such assurance. bereavement; forcing the trial on a particular or law. cases
day to the injury of the opposite lawyer when (c) To counsel or maintain such actions or Civil Code, Art. 52. Marriage is not a mere
proceedings only as appear to him to be just, contract but an inviolable social
no harm will result from a trial at different
and such defenses only as he believes to be institution.
time; agreeing to an extension of time for honestly debatable under the law; Civil Code, Art. 88. No judgment annulling
Duty to comply with client’s lawful request signing a bill of exceptions, cross (f) To abstain from all offensive personality a marriage shall be promulgated upon a
A lawyer should endeavor to seek instruction interrogatories and the like and to advance no fact prejudicial to the stipulation of facts or by confession of
from his client on any substantial matter honor or reputation of a party or witness, judgment.
concerning the litigation, which may require No client has a right to demand that his unless required by the justice of the cause Civil Code, Art. 101. No decree of legal
decision on the part of the client, such as counsel shall be illiberal, or that he does with which he is charged; separation shall be promulgated upon a
whether to compromise the case or to appeal anything therein repugnant to his own sense It is improper for a lawyer to assert in stipulation of facts or by confession of
an unfavorable judgment. of honor and propriety. argument his personal belief in his client's judgment.
He should give his client sound advice on any innocence or in the justice of his cause. Art. 222. No suit shall be filed or
similar matters and comply with the client’s Duty to restrain client from impropriety 1. The lawyer’s personal belief has no maintained between members of the same
lawful instructions. A lawyer should use his best efforts to real bearing on the case. family unless it should appear that earnest
He should resist and should never follow any restrain and to prevent his clients from doing 2. If expression of belief were permitted, efforts toward a compromise have been
unlawful instruction of his client. those things which the lawyer himself ought it would give improper advantage to made.
In matters of law, it is the client who should not to do, particularly with reference to their the older and better known lawyer
yield to the lawyer. conduct towards courts, judicial officers, whose opinion would carry more In annulment and legal separation
Rule 19.03. A lawyer shall not allow his jurors, witnesses and suitors. If a client weight. proceedings, the circumstance that the
client to dictate the procedure in handling the persists in such wrongdoings the lawyer 3. If such were permitted, omission to State is vitally interested in the
case. should terminate their relation. make such assertion might be taken maintenance of the marriage relation does
He should not act like an errand boy at the as an admission of the lack of belief in not make improper the lawyer’s
beck and call of his client, ready and eager to A lawyer shall not undertake influence- the soundness of his client’s cause. appearance in securing for his client what
do his bidding. peddling is due him under the law.
He must obey his own conscience and not Rule 15.06. A lawyer shall not state or imply Technical defense What is unethical is the lawyer’s
that of his client. that he is able to influence any public official, Some defenses, when employed to defeat participation in any collusion between the
tribunal or legislative body. clearly valid claims, may raise questions parties such as:
The responsibility for advising as to Influence peddling is highly unethical and of propriety. o By encouraging the commission of
questionable defenses is the lawyer's may constitute violation of the Anti-Graft and Some hold the view that the defenses of a matrimonial offense.
Corrupt practices Act. infancy or lack of capacity to be sued, o Fabricating evidence of such
responsibility. He cannot escape it but urging
statute of frauds, and statute of offense not actually committed.
as an excuse that he is only following his
limitations may not, in the absence of o Suppressing evidence of a valid
client's instructions. some other defense, be properly raised to defense.
B. EMPLOYMENT OF HONORABLE MEANS frustrate honest and just demands. A lawyer should also avoid any act which
A lawyer who files a pleading which contains Much can be said against the soundness of may raise suspicion of collusion.
contemptuous allegations cannot evade that view.
responsibility by saying that he is merely the Duty to employ honorable means only The fact that those defenses have been A lawyer should always incline the scale of
―mouthpiece‖ of his client and that his client Rule 19.01. A lawyer shall employ only fair provided by law shows that a litigant may his decision in favor of that solution which
verified the same. and honest means to attain the lawful avail of them and his counsel may assert will serve best all his loyalties, by
objectives of his client and shall not present, and make them effective. declining the professional employment or
He is not just an instrument of his client. participate in presenting or threaten to The statute of fraud is designed to prevent terminating a professional relationship.
present unfounded criminal charges to obtain fraud and the law denies relief to a party
While he owes devotion to him, he cannot
an improper advantage in any case or who sleeps on his rights. A lawyer shall rectify client’s fraud
overstep the bounds set by his responsibility
proceeding. Rule 19.02 A lawyer who has received
as a lawyer. For his duty to the court is not The negative defense of lack of knowledge information that his client has, in the course
Rule 138, Sec. 20(d). Duties of attorneys.—
secondary to that of his client. or information as permitted by the rules of the representation, perpetuated a fraud
It is the duty of an attorney: (d) To employ,
for the purpose of maintaining the causes must be availed of with sincerity and in upon a person or tribunal, shall promptly call
As to incidental matters pending trial, not good faith. It must not be employed to upon the client to rectify the same, and failing
confided to him, such means only as are
affecting the merits of the cause, or working consistent with truth and honor, and never delay the litigation. which he shall terminate the relationship with
substantial prejudice to the rights of the seek to mislead the judge or any judicial such client in accordance with the Rules of
client, such as forcing the opposite lawyer to Court.
ralc2011 79 ralc2011 80
Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

When a lawyer discovers that some fraud or defective complaint that it did not suspend Thorough study and preparation will not executed by a corporate officer who has been
deception has been practiced, which was the prescriptive period to file an action ensure winning the litigation, but there is duly authorized by its board of directors. If
unjustly imposed upon the court or party, he betrayed his client’s trust and did not deep satisfaction of having lost a case but there are two or more parties, all of them
champion his cause. won the esteem and respect of his client and should sign.
should endeavor to rectify it; at first by
the approbation of the court in the manner he o Except:
advising his client, and if his client refuses to espoused his client’s cause with skill, When one has been duly
forego the advantage thus unjustly gained, he Duration and extent of a lawyer’s duty to diligence, ability, and candor. authorized to do so by his co-
should promptly inform the injured person or safeguard client’s interest party.
his counsel, so that they may take The attorney’s duty to safeguard the client’s Where the petitioners are
appropriate steps. (Canon 41, Code of interest commences from his retainer until his husband and wife involving
Professional Ethics) effective release from the case. Preparation of pleadings their property, in which case
During that period, he is expected to take A lawyer’s pleading: only one of them may sign.
Canon 41 may collide with the lawyer’s duty such reasonable steps and such ordinary care o Shows the extent of his study and
to keep the client’s confidence inviolate, as his client’s interests may require. preparation; In verifying a pleading, the certification of the
which may be the reason why the Code of The failure of his client to pay him his fees o Articulates his ideas as an officer of notary public must state that the affiant
Professional Responsibility merely requires does not warrant his abandoning the case. the court; personally appeared before him, that the
the lawyer to terminate his relationship with o Mirrors his personality and reflects his affiant is personally known to the notary
the client in the event the latter fails or A lawyer shall render service only when conduct and attitude toward the court, public or that the affiant exhibited to him an
refuses to rectify the fraud. qualified to do so the opposing party and his counsel. official identification issued by a government
Rule 18.01. A lawyer shall not undertake a o Is a document embodying the result of agency showing his picture and signature. As
legal service which he knows or should know his work and furnishing the basis on required by the notarial law and rule issued
C. WHAT ARE REQUIRED TO PROTECT that he is not qualified to render. However he which to judge his competence. by the Supreme Court.
CLIENT’S INTERESTS may render such service if, with the consent If a lawyer fails to comply with these
of his client, he can obtain as collaborating All of the above considerations emphasize the requirements, the complaint may be
Generally counsel a lawyer who is competent on the need for utmost care in the preparation of a dismissed or his client may lose the case.
Canon 18. A lawyer shall serve his client with matter. pleading. ―The client is bound by the action of his
competence and diligence. A pleader should bear in mind the substantive counsel, as well as by his mistake or
By accepting a retainer, a lawyer impliedly and procedural requirements of the pleading negligence,‖ and may even subject the lawyer
represents that: A lawyer shall not handle a case without to be filed in the court. to disciplinary action.
a. He possesses requisite degree of adequate preparation He should not suppress or distort material
learning, skill, ability which is Rule 18.02. A lawyer shall not handle any and vital facts nor omit relevant documents Interviewing witnesses
necessary to the practice of his legal matter without adequate preparation. which bear on the merit or lack of merit of his A lawyer may interview a witness in advance
profession and which other similarly Lawyer should safeguard his client’s rights petition. of trial to guide him in the management of
situated possess; and interests by: Honesty toward the court to enable it to litigation.
b. He will exert his best judgment in the 1. Thorough study and preparation; better appraise its merit or deficiency. A witness is the human instrumentality
prosecution or defense of the litigation 2. Mastering applicable law and facts The Rules of Court prescribe the procedural through which the law and the judges and
entrusted to him; involved in a case, regardless of the requirements, such as in the verification and lawyers, endeavor to ascertain the truth and
c. He will exercise reasonable and nature of the assignment; and in the certification against forum shopping. to dispense justice to the contending parties.
ordinary care and diligence in the use 3. Keeping constantly abreast of the Rule 7, Sec. 4., Rules of Court: Verification. An attorney violates no ethical rule when he
of his skill and in the application of his latest jurisprudence and developments ascertains from a witness what the latter
knowledge to his client’s cause; in all branches of the law. Except when otherwise specifically required know and does not know about the facts in
d. He will take such steps as will controversy.
by law or rule, pleadings need not be under
adequately safeguard his client’s Inadequate preparation spawns adverse What is unethical is to tell the witness to say
effects that go far beyond the personal oath, verified or accompanied by affidavit.
interest. A client may reasonably something which is false.
expect that counsel will make good his interest of the client.
When the merits of one side of a case are not A pleading is verified by an affidavit that the A lawyer may properly interview any witness
Rule 18.03. A lawyer shall not neglect a properly presented because of inadequate affiant has read the pleading and that the or prospective witness for the opposing side
legal matter entrusted to him, and his legal presentation, the court may be misled allegations therein are true and correct of his in any civil or criminal action without the
negligence in connection therewith shall by looking at the case in an uneven light. knowledge and belief. consent of opposing counsel or party. In
render him liable. Careless preparation may cast doubt upon the doing so, however, he should scrupulously
lawyer’s intellectual honesty. In the verified certification against forum avoid any suggestion calculated to induce the
A lawyer who delayed filing an action to shopping, it is signed only by the party witness to suppress or deviate from the truth,
revive a judgment and thereafter filed a himself and not his lawyer, and it may only be or in any degree to affect his free and
ralc2011 81 ralc2011 82
Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

untrammeled conduct when appearing at the Rule 13, Sec. 10. Rules of Court Whenever a party to a pending action dies, What is required when moving from time to
trial or on the witness stand. Completeness of service. and the claim is not thereby extinguished, it file pleading or to postpone hearing
A lawyer may properly obtain statements Service by ordinary mail is complete upon the shall be duty of his client to inform the court Pressure of work or some unavoidable
from witnesses whose names were furnished within 30 days after such death of the fact reasons may constrain a lawyer to file a
expiration of ten (10) days after mailing,
by the opposing counsel or interview the thereof, and to give the name and address of motion for extension of time to file pleadings.
employees of the opposing party even though unless the court otherwise provides. his legal representative or representatives. A lawyer should not assume that such motion
they are under subpoena to appear as Service by registered mail is complete upon Failure of counsel to comply with this duty will be granted.
witnesses for the opposite side. actual receipt by the addressee, or after five shall be a ground for disciplinary action. A lawyer should inquire from the clerk of
If after trial resulting in defendant’s (5) days from the date he received the first court the court’s action thereon.
conviction, his counsel has been advised that notice of the postmaster, whichever date is The legal representatives can be substituted He runs the risk of time running out on him.
a prosecution witness committed perjury, it is earlier. as parties. Where a motion for extension has remained
the lawyer’s duty to endeavor honorably to The failure of giving such notice binds his unacted, the least that is expected of a
obtain such witness’ retraction. This rule imposes upon a lawyer the duty to client as well as the heirs of any judgment. lawyer in the meanwhile is to file it within the
An adverse party, though he may be used as maintain a system that will insure his prompt The court does not take judicial notice of the time asked for.
a witness, is not a witness within the meaning receipt of notices and communications sent to death of a party and will render decision as if When there is failure after the lapse of the
of the rule permitting a lawyer to interview him by mail at his address of record. the party is alive. period, he should nonetheless file it with a
the witness of the opposing party. The failure or refusal of a lawyer to claim motion for leave to admit it, stating the
A lawyer should not in any way communicate registered mails addressed to him may prove Requiring clerk of court to do his duty reasons for the delay.
upon the subject of controversy with a party prejudicial to his client’s interests, as when as Rule 20, Section 1. Rules of Court: Calendar Rule 12.03. A lawyer shall not, after
represented by counsel, much less should he a consequence thereof, he fails to attend a of cases. obtaining extensions of time to file pleadings,
undertake to negotiate or compromise the hearing, to file a responsive pleading on time, The clerk of court, under the direct memoranda or briefs, let the period lapse
matter with him, but should deal only with his pay the docket fee, or appeal an adverse without submitting to the same or offering an
supervision of the judge, shall keep a
counsel. judgment. explanation for his failure to do so.
calendar of cases for pre-trial, for trial, those Rule 12.04. A lawyer shall not unduly delay
Circumstances that will not warrant reopening
What to do in case of conflict of trial dates whose trials were adjourned or postponed, a case, impede the execution of a judgment
of the litigation nor prevent the service by
Two or more cases set for trial in different and those with motions to set for hearing. or misuse court processes.
registered mail from being effective after 5
courts and on the same date without the days’ notice: The court frowns upon the lawyers’ practice of
lawyer’s previous knowledge should ask for If the clerk of court is negligent, it is the repeatedly seeking extensions and thereafter
1. That a lawyer could not afford to hire a
postponement of the latter cases as he should lawyer’s duty to call the attention of the court simply letting the period lapse without
regular clerk to claim his mail.
not give undue preference for the work in one to that fact so that the administration of submitting any pleading or even explanation
2. That his clerk failed to call his
against the other. justice will not suffer any delay. for their failure.
attention to it.
o Except: In favor of that case wherein While an appellant may expect the clerk of Postponement is not a matter of right but of
3. That the demands of his work required
the court has served warning in view court to do his duty, it does not discharge the sound judicial discretion.
him to be in different places.
of previous repeated postponements counsel from the responsibility of seeing that
4. That he changed his address without
Motion for postponement should be presented the record on appeal and evidence are Diligence in handling case
notice to the court thereof.
at such time as practicable to prevent the elevated to the appellate court. A lawyer must exercise ordinary diligence or
adverse party from coming to court with his Notice of change of address that reasonable degree of care and skill
witnesses on the date of trial as to spare Duty to keep client fully informed having reference to the character of the
Without his address being recorded in the
unnecessary expense. Duty to advise promptly the client of any business he undertakes to do.
case, a lawyer will not be entitled to be
A lawyer should not assume that his motion important information. He is not, however, bound to exercise
served with judicial notice.
for postponement will be granted even if the Notify client of an adverse decision within the extraordinary diligence.
Without informing the court in writing of such
adverse party conforms since the court is not period to appeal to enable the client to decide What amounts to carelessness or negligence
change, a notice served at the attorney’s
bound thereby. whether to seek appellate review. depends upon the circumstances of the case.
original address is binding upon the client.
When the motion for postponement has been Keeping the client fully informed of important There is want of diligence where:
Insofar as the court is concerned, the last
denied or the case has been set for trial for developments of his case will minimize 1. The lawyer failed, without sufficient
address on record is the place where all
the last time, the lawyer must take occasions for misunderstanding or loss of justification, to bring an action
notices shall be served until the court is
precautionary measures such as notifying the trust and confidence. immediately.
officially informed to the contrary.
court or asking his clients to secure the The client should not, however, sit idly by. It 2. Failure to file the answer to the
services of another lawyer or requesting is also the client’s duty to make proper complaint within the reglementary
Notice of death of client
another attorney to appear for him. inquiries from his counsel concerning his period.
Rule 3, Sec. 16. Rules of Court: Death of
case. 3. Failure to notify his client of the date
party; duty of counsel:
Adoption of a system to insure receipt of of the hearing.
ralc2011 83 ralc2011 84
Based on the book Based on the book
“Legal and Judicial Ethics” “Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo by Atty. Ruben E. Agpalo

4. Failure to attend the scheduled pre- Where the client refuses to cooperate or is by pleas of counsel to passion, prejudice, or Duty of defense counsel when accused
trial conference or hearing. nowhere to be found, a lawyer should ask distorted sense of justice. intends to plead guilty
5. Failure to prosecute the action for a that he be discharged or should apply to the It is a disgrace to the bar and an affront to Plea of guilty: An admission by the accused of
reasonable period. court that he be released. the court for a lawyer to plead that, on behalf his guilt of a crime as charged in the
6. Failure to inform the client of an Retirement from the case should be made on of an accused charged with killing a person information and of the truth of the facts
adverse judgment within the record. His impending release from for monetary consideration, that his accused alleged, including the qualifying and
reglementary period to appeal. professional obligation does not excuse him client was a ―poor, ignorant man blinded by aggravating circumstances.
7. Failure to take steps to have the from the non-performance thereof. the promise of wealth,‖ and it was too great a The imposition of sentence proceeds from a
adverse decision reconsidered or temptation to resist. plea that is truthful and made voluntarily by
appealed. It is improper for a lawyer to assert in the accused with full awareness of its
8. Failure to ascertain the correct date of D. STANDARD OF DUTY IN CRIMINAL argument his personal belief in his client's consequences and of his rights.
receipt of the decision. ACTIONS innocence or in the justice of his cause. The It is the duty of defense counsel when his
9. Failure to acquaint himself with what lawyer is bound, by all fair and honorable client desires to enter a plea of guilty, to:
has happened to the litigation. means, to present every defense that the law 1. Fully acquaint himself with the records
10. Failure to pay the docket fee on Duty to render effective legal service of the land permits, to the end that no person and surrounding circumstances of the
appeal. The lawyer must decline to conduct a civil may be deprived of life or liberty but by due case;
11. Failure to claim judicial notices sent to cause or to make a defense when convicted process of law. 2. Confer with the accused and obtain
him by mail. that it is intended merely to harass or to from him his account of what had
12. Failure to file the appellant’s brief. injure the opposite party or to work What is required of counsel de oficio happened;
oppression or wrong. He is expected to render effective service and 3. Advise him of his constitutional rights;
A new counsel, who enters his appearance in It is the right of the lawyer to undertake the to exert his best efforts on behalf of an 4. Thoroughly explain to him the import
midstream, has the duty not only to defense of a person accused of crime, indigent accused. of a guilty plea and the inevitable
thoroughly study the case but also to inquire regardless of his personal opinion as to the He has the bounden duty to exert utmost conviction that will follow; and
as to the status of the case. Failure to do so guilt of the accused. efforts to defend his client and protect his 5. See to it that the prescribed procedure
prevents him from taking required steps and The right of an accused to counsel finds rights, no matter how guilty or evil he which experience has shown to be
may adversely affect his client’s interests. substance in the performance by the lawyer appears to be. necessary to the administration of
Rule 18, Sec. 4, Rules of Court: Appearance of his sworn duty of fidelity to his client. It The performance of his duty is all the more justice is strictly followed and
of Parties. means an efficient and truly decisive legal imperative because the life of the accused disclosed in the court records.
assistance and not simply a perfunctory hangs in the balance.
It shall be the duty of the parties and their representation. He failed in the performance of such duty as In grave offenses, after the plea of guilty, the
counsel to appear at the pre-trial. Rule 138, Sec. 20 (i) In the defense of a counsel for the accused: prudent and proper course to follow is for the
person accused of crime, by all fair and o Where he refused to cross-examine trial court to require the taking of testimony
The non-appearance of a party may be honorable means, regardless of his personal the offended party in a rape case of the accused so as to establish the precise
excused only if a valid cause is shown opinion as to the guilt of the accused, to because he believed she was telling degree of his culpability and leave no room
therefor or if a representative shall appear in present every defense that the law permits, the truth and did not present evidence for doubt that there is no mistake or
his behalf fully authorized in writing to enter to the end that no person may be deprived of for the accused. misunderstanding as to the nature of the
into an amicable settlement, to submit to life or liberty, but by due process of law. o Where barely days after accused client charges.
alternative modes of dispute resolution, and A lawyer may not cause the transfer, through pleaded ―not guilty‖ he filed a The review by the Supreme Court of a lower
to enter into stipulations or admissions of misrepresentation, of a case pending in one manifestation in open court that his court’s judgment would permit judicial inquiry
facts and of documents. sala to another of the same court without the client was changing his plea to that of as to the extent a defense counsel has
knowledge and consent of the judge taking ―guilty.‖ performed his duty to an accused who
Pressure and large volume of legal work cognizance of said case for the purpose of The court requires strict accountability in the pleaded guilty to a capital offense and would
provide no excuse for the lawyer’s inability to obtaining from the second sala a more performance of a lawyer’s duty to the minimize the denial of an accused’s right to
exercise due diligence in the performance of satisfactory remedy. impoverished client. an effective assistance of counsel.
his duty to take the necessary legal steps to A lawyer, in seeking reversal of a lower A counsel de oficio ought not to ask to be Taking of testimony after a plea of guilty
protect his client’s interest. court’s conviction of his client, may not excused from his responsibility for any trivial could also prevent the imposition of an
A lawyer who finds it impracticable to attribute to the trial judge personal motives reason. incorrect penalty.
continue representing a client should inform or attacking him acrimoniously behind his Nor does his appointment as an election
the latter of his predicament and ask that he back in his appeal brief. registrar justify his release from his The guilty plea system is not conducive to a
be allowed to withdraw from the case to The interest of the public requires that every responsibility as counsel de oficio unless on sound attorney-client relationship.
enable the client to engage the services of verdict be rendered only upon the issues valid grounds. It has been asserted that there are some
another counsel who can study the situation raised and evidence presented, uninfluenced ―professional writrunners and pleaders‖ –
and work out a solution. lawyers who handle large volume of cases for
ralc2011 85 ralc2011 86
LEGAL ETHICS Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Based on the book
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo
CHAPTER&VIII& ! Undue"influence"in"the"preparation"of"
less than spectacular fees by advising, LAWYER’S&FIDUCIARY& circumstances"such"as"preferential"
influencing, cajoling, or even coercing clients Consequences to a client for lawyer’s breach
to plead guilty, irrespective of their guilt or of trust
OBLIGATIONS& treatment"and"inclusion"of"a"bequest"
innocence. The client may lose his case due to the & more"than"a"token"or"modest"amount""
A lawyer who has been thrice appointed negligence or misconduct of his counsel A.&EFFECTS&OF&FIDUCIARY&RELATION& "
counsel de oficio, cautions the courts from because the client is generally bound by his GENERALLY:) REBATES)AND)COMMISSIONS)
frequently appointing the same attorney to lawyer’s omission or mistake. !"Atty."–"client"relationship"is"highly"fiduciary" “A"lawyer"shall"not"without"the"full"
prevent the possibility of having the and"strictly"confidential"requiring"utmost" knowledge"and"consent"of"the"client,"accept"
compensation for services rendered as a any"fee,"reward,"costs"commission"interest,"
regular source of income, as the counsel
disinterestedness"on"the"part"of"the"atty"for" rebate"or"forwarding"allowance"or"other"
might be inordinately eager to finish the
cases to be able to collect his fees at the the"protection"of"the"client" compensation"whatsoever"related"to"his"
earliest possible time. " professional"employment"from"anyone"other"
And the quickest and easiest way to !"principles"of"justice"and"expediency"require" than"the"client."“"
accomplish that purpose is to ask an accused that"the"atty"must"not"derive"any"advantage" "
to plead guilty even when counsel knows his from"such"act"when"done"by"him"as"may" ! to"secure"the"wholehearted"fidelity"
client did not commit the offense. operate"to"the"prejudice"of"his"client"and"that" to"the"client’s"cause"and"prevent"him"
ALL"advantages"arising"there"from"must"inure" from"full"discharge"of"duty"to"his"
The guilty plea system puts even the most client"
reputable lawyer into a trying situation.
" ! Whatever&a&lawyer&receives&from&the&
Where a guilty plea would be an advantage in
DEALINGS)SUBJECT)TO)SCRUTINY) opposite&party&in&the&service&of&his&
view of the evidence of guilt and the
prosecutions’ offer to charge him with a lesser ! fiduciary"relation"exists"as"a"matter"of" client&belongs&to&the&client,&in&the&
offense, notwithstanding the accused insisting law"which"requires"all"dealings"to"be" absence&of&the&client’s&consent&made&
his innocence. subject"to"the"closest"judicial"scrutiny" after&the&full&disclosure&of&the&facts"
If he were to advise his client to enter a plea ! court’s"duty"to"guard"and"protect" &
of not guilty, he may be less than true to his clients"from"any"undue"consequences" A)LAWYER)SHALL)NOT)BORROW)MONEY)
duty of extending the best legal assistance to ! measure"of"good"faith"required"from" FROM)THE)CLIENT)
the accused. atty"is"much"higher"compared"to" “…unless"the"client’s"interests"are"fully"
On the other hand, if he were to advise a protected"by"the"nature"of"the"case"or"by"
guilty plea to the lesser offense, a problem
! no"presumption"of"innocence"or" independent"advice…”"
arises as to the correctness of the step taken
especially when evidence is adduced, the improbability"of"wrong"doing"is" (borrowing"allowed"if"under"this"exception"
accused appears to be innocent. considered"in"atty’s"favour" but"should"not"abuse"by"delaying"payment)"
There appears to be no immediate solution in ! dealings"must"be"characterized"with" "
sight to the ethical and economic problems utmost"honesty"and"good"faith" AND)LEND)MONEY)TO)HIM)
posed by the guilty plea system. ! it"is"upon"the"lawyer"to"prove"that" “…except,"when"in"the"interest"of"justice"he"
Such problems underscore the need for a the"transaction"was"FAIR" has"to"advance"necessary"expenses"in"a"legal"
defense counsel to be conscientious and " matter"he"is"handling"for"the"client.”"
diligent in the discharge of his duties to the ABUSE)OF)CONFIDENCE) ! intended"to"assure"the"lawyer’s"
“A"lawyer"should"refrain"from"any"action" independent"professional"judgment"
whereby"for"his"personal"benefit"or"gain"he" for"if"there"is"financial"interest"the"
E. CONSEQUENCES OF FAILURE TO abuses"or"takes"advantage"of"the"confidence" free"exercise"of"his"judgment"may"be"
PERFORM DUTIES reposed"in"him"by"his"client.”" affected"
" ! violation"of"oath"of"good"fidelity"to"
Generally ! a"lawyer"may"not"retain"money"of" client"and"make"lawyering"a"money"
Failure of the lawyer may render him client"to"force"settlement"of"a" making"venture" Client may not be in the position to say
administratively liable, which may be a
disputed"claim" "
reprimand, warning, suspension from the ! cannot"obtain"money"thru"false" B.ACCOUNTING&OF&CLIENT’S&FUNDS&
practice of law, and even disbarment
depending upon the circumstances and
prejudice caused to the client.
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Canon"16:"“a"lawyer"shall"hold"in"trust"all" “A"lawyer"shall"keep"the"funds"of"each"client" ELEMENTS:" ! also"improper"to"buy"judgment"noted"

moneys"and"properties"of"his"client"that"may" separate"and"apart"from"his"own"and"those"of" " a."atty!client"relationship"exists" or"other"choses"for"much"less"their"
come"into"his"possession.”" others"kept"by"him.”" " b."property"or"interest"of"client"in" face"value"with"intent"to"collect"them"
"Rule"16.01"“a"lawyer"shall"account"for"all"the" " litigation" at"large"profit"
money"or"property"collected"or"received"for" ! not"commingle"money"of"client"with" " c."atty"takes"part"as"counsel"in"such" Exception:"
or"from"the"client.”" that"of"other"clients"and"with"his" case" ! if"acquired"not"in"his"professional"
" private"funds,"nor"use"the"client’s" " d."atty"by"himself"or"through"another" capacity"but"as"a"LEGITIMATE" Anything that has to do
that makes lawyering a
! a"lawyer"may"receive"money"for"or" money"for"personal"purposed" purchases"such"property"or"interest" INVESTMENT" business is prohibited

from"the"client"in"the"course"of"his" without"the"client’s"consent" during"pendency"of"litigation" "

employment"which"he"holds"in"trust" ! promptly"report"money"of"his"client" " CHAPTER&IX&
and"under"the"obligation"to"make"an" coming"to"his"possession" Applies"even"when:"
accounting"thereof." " ! purchase"or"lease"in"favour"of"a"
Such"money"may"include:" A)LAWYER)SHALL)DELIVER)FUNDS)TO)CLIENT,) partnership"of"which"the"counsel"is"a" CLIENT’S&CONFIDENCE&
" SUBJECT)TO)HIS)LIEN) partner" &
1."money"collected"in"pursuance"of"a" Rule"16.03:"“A"lawyer"shall"deliver"the"funds" ! purchase"by"atty’s"wife"of"an"interest" A.&PRESERVATION&OF&CLIENT’S&CONFIDENCE&
judgment"in"favour"of"his"client" and"property"of"his"client"when"due"or"upon" belonging"to"estate"of"the"decedent" Canon"21:"“a"lawyer"shall"preserve"the"
2."money"of"client"not"used"for"the" demand."However"he"shall"have"a"lien"over" ! acquisition"of"guardian’s"lawyer"of" confidence""and"secrets"of"his"client"even"
purpose"for"which"it"was"entrusted" the"funds"and"may"apply"so"much"thereof"as" the"ward’s"property" after"the"atty!client"relationship"is"
3."any"property"redeemed"with"the" may"be"necessary"to"satisfy"his"lawful"fees" ! property"in"litigation"deeded"in" terminated.”"
client’s"money"and"registered"in"the" and"disbursements,"giving"notice"promptly" favour"of"atty"for"payment"of"fees" "
lawyer’s"name" thereafter"to"his"client.”" and"the"value"of"such"is"greatly"more" ! applicable"to"matters"disclosed"by"
4."any"fund"received"from"a"judgment" "
If the client declines, then the lawyer
must respect such. than"the"worth"of"the"atty’s"services" prospective"clients"
creditior"as"consideration"to"desist" ! assumes"that"the"client"agrees"with" ! transfer"of"right"over"a"parcel"of"land" "
from"participating"in"a"public"sale" the"lawyer"as"to"the"amount"of"atty’s" in"a"pending"litigation"as"atty’s"fees" Rule"21.01"!"A"lawyer"shall"not"reveal"the"
" fees"and"the"application"of"the" (malpractice)" confidences"or"secrets"of"his"client"except;"
! if"there"is"failure"to"accomplish"a" client’s"funds"to"pay"such"fees" "
specific"purpose"for"which"money" ! without"the"consent,"lawyer"cannot" Not"applicable"in"the"ff:" disclosure;"
given"by"the"client"was"to"paid,"the" apply"the"money"for"his"fees,"but" ! property"not"in"litigation" (b)"When"required"by"law;"
atty"must"return"such"money" should"instead"return"money"to"the" ! sale"took"place"prior"to"litigation" (c)"When"necessary"to"collect"his"fees"or"to"defend"
immediately"to"the"client" client"without"prejudice"to"filing"a" ! purchaser"was"a"corporation"even" himself,"his"employees"or"associates"or"by"judicial"
! “..failure%to%return%such%money%upon% case"for"the"recovery"of"his"fees" though"the"atty"was"an"officer" action."
demand%give%rise%to%the%presumption% " thereof" Rule"21.02"!"A"lawyer"shall"not,"to"the"
that%he%misappropriated%it%for%his% C.&RESTRICTION&AGAINST&BUYING&CLIENT’S& ! sale"after"termination"of"the"litigation" disadvantage"of"his"client,"use"information"
own%use%and%to%the%prejudice%of%and% PROPERTY& ! atty"bidding"on"behalf"of"his"client"at" acquired"in"the"course"of"employment,"nor"shall"
in%violation%of%the%trust%reposed%in% PURCHASE)OF)PROPERTY)IN)LITIGATION) the"auction"of"client’s"property" he"use"the"same"to"his"own"advantage"or"that"of"a"
him%by%his%client.%It%is%a%gross%violation% ! prohibits"lawyer"from"purchasing" ! contingent"fee"contract"unless"
The lawyer must return
everything that comes to his of%general%morality,%professional% even"at"auctions,"either"in"person"or" unreasonable" Rule"21.03"!"A"lawyer"shall"not,"without"the"
possession and if the client
refuses to pay for his legal fees, ethics%and%impairs%public%confidence% through"the"mediation"of"another," " written"consent"of"his"client,"give"information"
the lawyer may file a suit for the
in%the%legal%profession.”"(Celaje"v." any"property"or"interest"involved"in" PURCHASE)IN)VIOLATION)OF)THIS)RULE)IS) from"his"files"to"an"outside"agency"seeking"such"
Soriano)"" any"litigation"in"which"he"may"take" NULL)AND)VOID)AB)INITIO) information"for"auditing,"statistical,"bookkeeping,"
! also"applies"even"without"atty!client" part"by"virtue"of"his"profession" ! It"is"definite,"permanent"and"cannot" accounting,"data"processing,"or"any"similar"
relationship" ! rests"on"public"policy"and"interests" be"ratified."" purpose."
! may"retain"part"of"money"if" ! such"prohibition"is"ABSOLUTE"AND" ) Rule"21.04"!"A"lawyer"may"disclose"the"affairs"of"a"
authorized"by"the"client" PERMANENT" PURCHASE)OF)CHOSES)IN)ACTION) client"of"the"firm"to"partners"or"associates"thereof"
" ! moral"obligation"of"the"atty"to"refrain" ! prohibition"applies" unless"prohibited"by"the"client."
A)LAWYER)SHALL)NOT)COMMINGLE)CLIENT’S) from"placing"himself"in"a"position" ! if"allowed,"lawyer"becomes"a"
FUNDS) which"excites"conflict"between"self" voluntary"litigant"for"profit"which"is"
interest"and"integrity" The lawyer may not be able to handle the improper"conduct"
case objectively.
Choses in Actions - they are
promissory notes, outstanding
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services"are"utilized"by"him,"from"disclosing"or" ! work"product"of""lawyer"such"as"his" “"A"lawyer"shall"not"reveal"that"he"has"been" ! mere"relation"of"atty"and"client"does"

using"confidences"or"secrets"of"the"clients." effort,"research"and"thought"and"the" consulted"about"a"particular"case"except"to"avoid" not"raise"presumption"of"
Rule"21.06"!"A"lawyer"shall"avoid"indiscreet" records"of"his"client"are"Privileged" possible"conflict"of"interest.”" confidentiality"
conversation"about"a"client's"affairs"even"with" matters" ) ! the"client"must"intend"the"
members"of"his"family." ! applies"to"matters"disclosed"by"
! neither"the"lawyer,"his"heir"or"legal" communication"to"be"confidential"
Rule"21.07"!"A"lawyer"shall"not"reveal"that"he"has" prospective"client"because"the"
representatives"disclose"the"contents" and"for"the"purpiose"of"seeking"legal"
of"such"files"without"client’s" disclosure"creates"atty!client" advice"
" permission" relationship"even"though"the"atty" ! Confidential"information!"transmitted"
) ) does"not"eventually"accept"the" by"voluntary"act"of"disclosure"
DURATION)OF)DUTY) ) employment) between"atty"and"client"in"confidence"
! perpetual,"continues"even"after" )A)LAWYER)MAY)DISCLOSE)AFFAIRS)OF) ! lawyer"should"ascertain"as"soon"as" and"by"means"which"so"far"as"the"
The heirs may enforce
the obligation of the client’s"death& CLIENT)TO)PARTNERS) practicable"whether"there"is"conflict" client"is"aware,"discloses"the"
lawyer to keep the secret
of their clients after death ! he"may"not"do"anything"which"will" ! employment"of"a"law"firm"is" of"interest"and"inform"the" information"to"no"third"person"other"
injuriously"affect"his"former"client& equivalent"to"retainer"of"the" prospective"client"that"he"cannot" than"one"reasonably"necessary"to"
! nor"at"any"time"disclose"or"use" members"thereof" accept"employment"on"such"ground) accomplish"the"purpose"for"which"it"
against"him"any"knowledge"or" ! employment"of"one"member"of"a"law" & was"given."
information"acquired"by"virtue"of"the" firm"is"considered"as"employment"of" B.&SCOPE&OF&ATTYT&CLIENT&PRIVILEGE& ! a"third"person"who"overheard"
professional"relationship& the"law"firm" & privilege"communication,"privilege"
! some"privileged"communication"may" ! partners"and"associates"are"not" REQUISITES) rule"does"not"apply"
lose"privileged"nature"by"some" considered"third"persons"because" (Mercado"v."Vitriolo)" )
supervening)act"done"pursuant"to" they"are"considered"as"one"person" Evidentiary"privilege"(all"must"concur):" FORM)OR)MODE)OF)COMMUNICATION)
the"purpose"of"the"communication& " 1."legal"advice"of"any"kind"is"sought" !oral,"written,"actions,"signs"and"other"means"
) A)LAWYER)SHALL)ADOPT)MEASURES) 2."from"a"professional"legal"adviser"in"his" of"communication"intended"to"be" Itandincludes files, records, letters
pleadings from the lawyer

REASON)FOR)THE)RULE) AGAINST)DISCLOSURES)OF)CLIENT’S)SECRETS) capacity"as"such" confidential"by"the"client" (until such time it is sent to its


! encourage"full"disclosure"of"facts"to" “A"lawyer"shall"adopt"such"measures"as"may"be" 3."the"communications"relating"to"such" !no"particular"mode"required"for"the"privilege"

atty."and"place"unrestricted" required"to"prevent"those"whose"services"are" purpose" rule"to"attach"
utilized"by"him,"from"disclosing"or"using" 4."made"in"confidence"" "
confidences"or"secrets"of"the"clients.”" 5."by"the"client" PERSONS)ENTITLED)TO)CLAIM)PRIVILEGE)
affecting"his"rights"and"obligations" "
! preserve"the"confidential"and"trust" 6.are"at"his"instance"permanently"protected" ! generally"extends"to"the"atty,"his"
! employment"of"secretaries," 7."from"disclosure"by"himself"or"by"the"atty"
relation"between"atty"and"client" client"as"well"as"to"the"atty’s"
stenographers,"messengers,"clerks" 8."except"if"the"protection"is"waived"
) secretary,"stenographer,"or"clerk."
etc"is"allowed"and"client’s"secrets" "
A)LAWYER)SHALL)NOT)USE)CLIENT’S)SECRETS) ! interpreter"or"messenger"
learned"by"these"persons"In"the" ! the"person"from"whom"legal"advice"is"
WITHOUT)HIS)CONSENT) transmitting"the"communication"
performance"of"their"services"to"the" sought"must"be"an"atty.""
”"A"lawyer"shall"not,"to"the"disadvantage"of"his" ! experts"such"as"accountant,"physician"
lawyer"or"his"client"are"privileged" ! applies"if"person"poses"as"a"lawyer"
client,"use"information"acquired"in"the"course"of" etc"hired"either"by"client"or"atty"for"
communications" for"some"ulterior"purpose"and"client"
employment,"nor"shall"he"use"the"same"to"his"own" consultation"
" confides"in"him" ! for"protection"of"client"
client"with"full"knowledge"of"the"circumstances" A)LAWYER)SHALL)AVOID)INDISCREET) ! communication"of"client"for"purpose" ! may"be"asserted"by"client’s"assignee,"
consents"thereto.”" CONVERSATION)ABOUT)CLIENT’S)AFFAIRS) other"than"on"account"of"the"atty! heir"or"legal"representative"
" “…even"with"members"of"his"family.”" client"relation"is"NOT"privileged" )
A)LAWYER)SHALL)NOT)GIVE)INFORMATION) ! may"result"in"prejudice"to"client"and" ! communication"must"be"for"a"lawful" APPLICATION)OF)RULE)
FROM)HIS)FILES) lessen"respect"due"to"the"legal" purpose"or"lawful"end" ! lawyer"may"be"compelled"to"disclose"
“"A"lawyer"shall"not,"without"the"written"consent" profession" ! client"who"asserts"the"existence"of" unprivileged"communication"but"he"
of"his"client,"give"information"from"his"files"to"an" ! " atty!client"relation"has"burden"of" cannot"volunteer"such"information"
outside"agency"seeking"such"information"for" A)LAWYER)SHALL)NOT)REVEAL)HIS)HAVING) proving"such"fact"
data"processing,"or"any"similar"purpose.”" of"his"client"

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A)LAWYER)SHALL)NOT)REVEAL)CLIENT’S) " atty’s"secretary,"stenographer"or" • Fiduciary& witness"for"a"client"in"a"case,"the"

CONFIDENCE) clerk,"" o Absolute"Integrity"& canons"of"the"profession"forbid"him"
“A"lawyer"shall"not"reveal"the"confidences"or" " the"consent"of"the"atty"is"also" o Undivided"Allegiance& from"acting"in"that"double"capacity"as"
secrets"of"his"client"except;" necessary" A&lawyer&shall&ascertain&possible&conflict&of& he"will"find"it"difficult"to"disassociate"
(a)"When"authorized"by"the"client"after" !"client"may"waive"personally"" interests& his"relation"to"the"client"as"a"lawyer"
acquainting"him"of"the"consequences"of"the" !"or"through"counsel"except:" • Rule%15.01%–%A%lawyer,%in%conferring% and"his"relation"to"the"litigant"as"a"
disclosure;" >"controversy"involves"atty!client" witness."&
relation"as"in"cases"of"breach"of" ascertain%as%soon%as%practicable% • GR:"A"lawyer"shall"not"refuse"his"
confidence" whether%the%matter%would%involve%a% services"to"the"needy.&
action.”" !""client"waives"privilege"by"filing"a"complaint" conflict%with%another%client%or%his%own% Exceptions:""
" against"his"atty"or"by"refusing"to"pay"atty’s" interest,%and%if%so%shall%forthwith% ! He"is"not"in""a"position"to"carry"it"
! lawyer"may"not"disclose"client’s"funds"to" fees" inform%the%prospective%client.% out"effectively"or"competently"
creditor"to"enable"attachment"of"such" !""waives"cannot"be"made"partially" • The"disclosure"is"more"for"the" ! He"labors"under"a"conflict"of"
funds" !"partial"waiver"is"equivalent"to"a"waiver"in" protection"of"the"lawyer"than"that"of" interest"between"him"and"
! lawyer"cannot"reveal"the"commission"of"a" whole" the"client."% prospective"client"or"between"a"
matrimonial"offence"committed"by"client" " present"one"and"the"prospective."
• Concealment"of"facts"material"to"the"
contemplating"the"filing"for"legal" DISCLOSURE)TO)PROTECT)ATTY’S)RIGHTS) employment"may"cause"his"client"to" A&lawyer&shall&preserve&the&secrets&of&a&
! privilege"cannot"be"used"as"shield"for" lose"confidence"in"him"and"may"even" prospective&client&(even"if"such"client"does"
! lawyer"who"acquires"knowledge"of"past"
wrongdoing"nor"can"it"be"employed" affect"hi"fee.% not"retain"the"lawyer"or"latter"declines"
disclose"them"to"the"directors"but"not"to" to"deny"a"lawyer"the"right"to"protect" • A"client"may"presume"from"an" employment)"
others" himself"against"abuse"by"the"client"or" attorney’s"failure"to"disclose"matters" Rule%15.02%Lawyer%is%bound%by%the%rule%on%
! when"lawyer"discovers"fraud"committed" false"charges"by"third"persons" material"to"his"employment"that"the" privileged%communication%in%respect%of%
by"client,"endeavour"to"rectify"it"by" ! if"atty"is"accused"of"misconduct"by"his" attorney"has"no"interest"which"will" matters%disclosed%to%him%by%a%prospective%
advising"client"and"informing"person" client,"he"may"disclose"the"truth" interfere"with"his"devotion"to"the" client.%"
injured"" necessary"only"to"protect"his"rights" Reason:&"To"make"the"prospective"client"free"
! breach"of"duty"by"lawyer"(art"209"of"RPC)" ! avoid"any"disclosure"not"necessary"to" to"discuss"whatever"he"wishes""with"the"
o prision"correccional"or"a"fine" protect"his"rights" Duty&to&decline&employment& lawyer"without"fear"that"what"he"tells"the"
" • "A"lawyer"should"decline"professional" lawyer"will"not"be"divulged"nor"used"against"
*read"People"v"Sandiganbayan""p.%291"(275" employment"even"though"how" him,"and"for"the"lawyer"to"be"equally"free"to"
SCRA"505)" attractive"the"fee"offered"may"be"if" obtain"information"from"the"prospective"
secrets"of"his"client"except;" & its"acceptance"will"involve"violation"of" client.""
any"of"the"rules"of"legal"profession."& A&lawyer&may&act&as&mediator&
(a)"When"authorized"by"the"client"after" CHAPTER&X&
• Lawyer"should"not"accept" Rule%15.04%A%lawyer,%with%written%consent%of%
acquainting"him"of"the"consequences"of"the" Lawyer’s&Duties&of&Fair&Dealings& all%concerned,%may%act%as%a%mediator,%
disclosure;" employment"as"an"advocate"in"any"
Example would be not revealing
(b)"When"required"by"law;" the whereabouts of a client at large
and&Avoiding&Conflict&of&Interests& matter"in"which"he"had"intervened" conciliator%or%arbitrator%in%settling%disputes.%
& while"in"the"government"service.& • However,"a"lawyer"shall"not"act"as"
A. FAIRNESS&IN&DEALING&WITH&CLIENT& • Reason:"Necessity"that" counsel"for"any"of"them,"otherwise"
To justify the defend"himself,"his"employees"or"associates"
legal fees Duty&to&be&candid,&fair&and&loyal&in&all& professional"integrity"and"public" the"rule"prohibiting"representation"of"
being or"by"judicial"action."
collected dealings&with&client,&generally& confidence"in"that"integrity"be" conflicting"interests"will"apply."%
• Canon&15&–&lawyer"shall"observe" maintained."& &
candor,"fairness"and"loyalty"in"all" • Lawyer"should"not"accept" B.&REPRESENTING&CONFLICTING&INTERESTS&
dealings"with"client." employment"the"nature"of"which" A&lawyer&shall&not&represent&conflicting&
• Generally,"the"relation"of"attorney" might"easily"be"used"as"a"means"of" interest&
and"client"is"strictly&personal&and& advertising"his"professional"service"or" Rule%15.03%A%lawyer%shall%not%represent%
highly&confidential&and&fiduciary.& his"skills."& conflicting%interest%except%by%written%consent%
" >"when"the"person"to"be"examined"
• Highly&Confidential& • While"there"is"no"statutory"restriction" of%all%concerned%given%after%full%disclosure%of%
o Trust"" for"a"lawyer"to"be"an"advocate"and"a" the%facts.%
o "Confidence"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

• The"rule"covers"not"only"cases"in" • It"is"improper"for"a"lawyer"to"appear" • For"this"reason,"it"is"improper"for"a" &

which"confidential"communications" as"counsel"for"one"party"against"the" lawyer"to"continue"representing"a" Where&client&knowingly&consent&&
have"been"confided"but"also"those"in" adverse"party"who"is"his"client"in"a" client"in"a"suit"against"a"party"even" • "Generally,"a"lawyer"may"at"a"certain"
which"no"confidence"has"been" related"suit,"as"a"lawyer"is"prohibited" with"the"clients"consent"after"a" stage"of"the"controversy"and"before"it"
bestowed"or"will"be"used."" from"representing"conflicting" lawyer"brings"a"suit"in"his"own"behalf" reaches"the"court"represent"
• Test"of"inconsistency"of"interest":" interest." against"the"same"defendant"if"it"is" conflicting"interest"with"the"express"
Whether"the"acceptance"of"a"new" • Even"though"the"opposing"clients," uncertain"whether"such"defendant" written"consent"of"all"parties"
client"will"prevent"an"attorney"from" after"full"disclosure"of"facts,"consent" will"be"able"to"satisfy"both"the" concerned"given"after"full"disclosure"
the"full"discharge"of"his"duty"of" to"the"lawyer’s"dual"representation," judgments."& of"the"facts."&
undivided"fidelity"and"loyalty"to"his" the"lawyer"when"his"clients"cannot" & • This"rule"is"only"applicable"when"one"
client"or"invite"suspicion"of" see"their"way"clear"to"settling"their" Rule&applicable&to&Law&Firms& client"is"a"former"client"and"not"when"
unfaithfulness"and"whether"the" controversy"amicably,"retire"from"the" • Where"a"lawyer"is"disqualified"or" both"clients"are"current/present"
acceptance"of"the"new"relation"will" case."" forbidden"from"appearing"as"counsel" clients"in"the"case,"where"each"
require"the"attorney"to"do"anything" & in"a"case"because"of"conflicting"of" asserts"an"interest"adverse"to"that"of"
which"will"injuriously"affect"his"first" Opposing&clients&in&unrelated&suits& interests,"the"law"firm"of"which"he"is" the"other."&
client"in"any"matter"in"which"he" • A"lawyer"cannot"appear"as"counsel" a"member"as"well"as"any"member," • In"this"situation"the"lawyer"cannot"
represents."" for"one"party"against"the"adverse" associate,"or"assistant"therein"is" represent"both"clients"at"the"same"
Reason&for&the&prohibition:&"Relationship"of"a" party"who"is"his"client"in"another" similarly"disqualified"from"so"acting."" time,"even"if"they"give"written"
lawyer"and"a"client"is"one"of"trust"and" totally"unrelated"action.& • It"is"corollary"to"the"rule"that"the" consent","for"it"is"not"only"awkward"
confidence"of"the"highest"degree."" • The"lawyer"in"that"situation"will"not" employment"of"one"member"of"a"law" for"him"to"sustain"the"claim"of"one"
" be"able"to"pursue"with"vigor"and"zeal" firm"is"considered"as"an"employment" and"oppose"the"same"in"favor"of"the"
Effect&of&termination&of&relation& the"client"claims"against"the"other"to" of"the"law"firm"and"that"the" other"but"it"is"also"highly"unethical."&
• "The"termination"of"the"relation" properly"represent"the"latter"in"the" employment"of"a"law"firm"is" • A"lawyer"may"not"represent"
provides"no"justification"for"a"lawyer" unrelated"action;"or"if"he"can"do"so"it" equivalent"to"the"retainer"of"the" conflicting"interest"even"though"
to"represent"an"interest"adverse"to"or" would"invite"suspicion.& members"thereof."" parties"agree"to"dual"representation"
in"conflict"with"the"former"client."& & • A"lawyer"may"not,"therefore," where"conflict"is"between"the"
Reason:&"Clients"confidence"once"reposed" New&client&against&former&client& represent"a"client"whose"interest"are" attorney’s"interest"and"that"of"client,"
cannot"be"divested"by"the"expiration"of"the" • A"lawyer"is"forbidden"from" adverse"to"those"of"the"employer"of"a" because"the"lawyer"should"yield"to"
professional"employment." representing"a"subsequent"client" member"of"the"firm."" client’s"interest,"or"between"a"private"
" against"a"former"client"only"when"the" & client’s"interest"and"that"of"the"
Materiality&of&confidential&information& subject"matter"of"the"preset"case"is" Limitation&on&General&Rule& government"by"reason"of"public"
• The"bare"attorney!client"relationship" related,"directly"or"indirectly,"to"the" • GR:&"Lawyer"may"not"represent" policy"and"interest."&
with"a"client"precludes"a"lawyer"from" subject"matter"of"the"previous" conflicting"interests." "
accepting"professional"employment" litigation"in"which"he"appeared"for" • Limitations:"" "
from"the"clients"adversary"in"the" the"former"client."& o No"conflict"of"interest"exists" Where&no&true&attorneyTclient&relationship&
same"case"or"difference"case"but" " o Client"knowingly"consents"to" exists&
related"action.& Conflicting&duties&& the"dual"representation"" &
& • "A"lawyer"may"not"undertake"to" o No"true"attorney!client" • "The"rule"forbidding"a"lawyer"from"
Foundation&of,&&&reason&for,&the&rule& discharge"conflicting"duties"any"more" relationship"is"attendant" representing"an"interest"adverse"to"
• The"stern"rule"against"representation" than"may"he"represent"antagonistic" & that"of"the"former"client"assumes,"as"
of"conflicting"interests"is"founded"on" interests.& Where&no&conflicting&interest&exists& a"general"proposition,"that"a"true"
principles"of"Public"Policy"&"Good" & • A"lawyer"may"properly"represent"a" client!attorney"relationship"existed."&
Taste."& Attorneys&interest&versus&client’s&interest& subsequent"client"against"a"former" • Consequently"the"absence"of"such"
" • "A"lawyer"should"not"put"himself"in"a" client"in"a"matter"which"is"not,"in"any" relationship"either"with"the"lawyer"of"
& position"where"self!interest"tempts" way,"related"to"the"previous" law"firm"of"which"he"is"a"member"
Opposing&clients&in&same&or&related&suits& him"to"do"less"than"his"best"for"his" controversy"in"which"he"appeared"for" makes"the"prohibition"inapplicable.&
client."& the"former"client.""

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

• A"public"prosecutor"may"ethically" A. IN&GENERAL& • An"attorney"representing"a"client"in" has"communicated"to"his"client"the"

sustain"an"information"against"an" & court"is,"however,"more"than"an" service"of"process"upon"him.&
accused"who"is"the"complainant"in" Power&to&bind&the&client,&generally& agent"and"has"powers"different"from" &
another"information"filed"by"the" • "A"lawyer"must"perform"his"duties"to" and"superior"to"those"of"an"ordinary" Delegation&of&Authority&
same"prosecutor"because"the"latter" his"client"within"the"scope"of"his" agent,"he"being"an"officer"of"the" • The"lawyer"cannot"delegate"the"
represents"not"the"private" authority.& court."& confidence"and"authority"reposed"to"
complainants"but"the"people"of"the" • Within"hi"scope"of"authority,"a"lawyer" " him"by"the"client"to"another"lawyer"
Philippines"as"the"real"offended" may"bind"the"client"for"any"acts" Collection&of&Claims& because"of"the"fiduciary"relationship.&
party."& performed"by"him"in"pursuant" • "An"attorney"retained"by"a"creditor"to" Exception:""Consent"of"the"client,"express"or"
• The"lawyer’s"secretary,"stenographer," thereto.& enforce"a"claim"has"authority"to"take" implied."
or"clerk"who,"in"such"capacity,"has" & all"steps"necessary"to"collect"it,"such" • Client"may"also"ratify"the"
acquired"confidential"information" &Two&Types&of&Lawyer’s&Authority& as"sending"a"letter"of"demand" unauthorized"delegation.&
from"the"attorney’s"client"may"not" 1. General"and"Implied"Authority& requiring"payment"or"filing"the" "
accept"employment"or"after" • Professional"employment"of"an" corresponding"action"in"court"if"the" Delegation&of&legal&work&
becoming"a"member"of"the"bar," attorney"confers"upon"him"this" debtor"refuses"to"pay."& • A"lawyer"has"the"implied"power"to"
represent"an"interest"adverse"to"that" authority"to"do"on"behalf"of"the" • A"lawyer"without"special"authority" delegate"to"his"associate"or"assistant"
of"the"lawyer’s"client.& client"such"acts"as"are"necessary" discharge"his"clients"claim"for"less" attorney"under"his"supervision"and"
• The"general"prohibition"applies"to" or"incidental"to"the"prosecution" than"the"amount"thereof"or"for"the" responsibility,"part"or"whole"of"his"
such"person,"notwithstanding"the" or"management"of"the"suit" full"amount"in"kind."& legal"work,"in"the"absence"of"an"
absence"of"attorney"client" entrusted"to"him."& " express"agreement"with"the"client"to"
relationship"at"the"time"the" • Refers"to"ordinary"procedure."& Acceptance&of&Service&of&Summons& the"contrary.&
confidential"information"was" 2. Special"Authority" • A"lawyer"has"no"power"to"receive"or" • He"may"authorize"another"lawyer"on"
acquired"because"of"the"nature"of"the" • Authority"granted"by"the"client"to" accept"on"behalf"of"his"client"the" his"behalf"to"appear"in"court"and"such"
work."& bind"him"on"substantial"matter."" service"of"summon"in"his"bare" lawyer"is"presumed"to"be"
" • GR:"Negligence"or"mistake"of"the" professional"capacity.""& empowered"to"act"as"such.&
Effects&of&representation&of&Conflicting& counsel"binds"the"client,"based"on"the" • He"is"not"an"agent"within"the" • The"fact"of"the"delegation"of"legal"
Interest& rule"that"any"act"done"by"the"lawyer" meaning"of"the"rule"authorizing" work"does"not"create"an"attorney!
1. Subjects"the"lawyer"to"disciplinary" within"the"scope"of"his"authority" service"of"summons"upon"an"agent"of" client"relationship"between"the"other"
action.& binds"the"client."" corporation.& lawyer"and"the"client."&
2. The"attorney"may"be"disqualified" • Employment"by"itself"confers"upon" • Exception:""Lawyer"may"be"regarded" • A"lawyer"may"not"however"delegate"
from"representing"the"new"client" the"lawyer"no"special"authority"to" as"an"agent"upon"whom"service"of" to"a"layman"any"work"which"involves"
upon"petition"of"his"former"client."& bind"the"client"upon"substantial" summons"may"be"made"and"binding" the"study"of"law"or"its"application"
3. Where"the"representation"of" matters."" to"the"latter,"where"there"are" such"as"computation"&"
conflicting"interest"is"unknown"and" • The"cause"of"action"or"claim"which"is" circumstances"showing"that"he"has" determination"of"period"to"appeal."&
works"prejudice"to"the"new"client," the"subject"matter"of"the"litigation" been"conferred"or"exercising" "
the"judgment"against"the"new"client" are"substantial"matters"which"the" additional"powers"that"what"is" B. AUTHORITY&TO&APPEAR&
may"on"that"ground,"set"aside.& lawyer"cannot"impair,"novate," implied"from"the"professional" "
4. Lawyers"right"to"be"paid"for"his" compromise"and"settle"without" employment."& Generally&
services"rendered"in"favor"of"the" clients"consent."" • Thus,"a"foreign"corporation"without" • A"lawyer"without"being"retained"or"
former"client"may"be"affected"only"if" " an"agent"or"officer"in"this"country" authorized"by"the"court"may"not"
the"two"matters"are"related"and"the" Attorney&as&agent&of&client&& other"than"its"counsel"who"is"also"the" represent"another"in"court."&
former"client"objected"to"the" • The"relationship"of"attorney"and" sole"representative"for"setting"claims," • GR:"The"authority"of"the"attorney"
representation."& client"is"in"many"respect"one"of" the"service"made"upon"such"counsel" continues"until"the"termination"of"the"
& agency"and"the"general"rules"of" binds"the"foreign"corporation" litigation.&
CHAPTER&XI& ordinary"agency"apply"to"such" because"being"the"sole" Exception:"Unless"sooner"revoked"or"
Authority&of&Attorney& relation."& representative,"it"is"presumed"that"he" withdrawn"by"the"client.""

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

• No"written"authority"from"the"client" • As"amended"by"the"1997"Rules"of" • Trial"&"Appellate"court,"motu"proprio" • Generally,"a"client"may"waive,"

is"required"to"enable"a"lawyer"to" Procedure,"there"is"no"longer"a" and"on"valid"grounds,"may"also" surrender,"dismiss"or"compromise"
represent"him"in"court."& distinction"between"general"and" require"him"to"show"authority.& any"of"his"rights"involved"in"the"
" special"appearance."& " litigation"in"favor"of"the"other"party"
Appearance& • Now,"defendant"may"file"a"motion"to" Effects&of&unauthorized&appearance& even"without"or"against"the"consent"
• Coming"into"court"as"party"either"as"a" dismiss"not"only"on"the"ground"of" • A"party"who"has"not"authorized"the" of"his"attorney"
plaintiff"or"as"a"defendant"and"asking" lack"of"jurisdiction"over"his"person" lawyer"to"represent"him"is"not"bound" • An"attorney"can"bind"his"client"as"to"
relief"therefrom.& but"also"on"some"other"grounds" by"the"lawyer’s"appearance"in"the" such"substantial"matters"only"with"his"
• Appearance"by"counsel"is"a"voluntary" without"waiving"the"jurisdiction"of" case"nor"the"judgment"rendered" clients"express"or"implied"consent."""
submission"to"the"court’s"jurisdiction" the"court"over"his"person.& therein."& Reason:"Designed"to"safeguard"the"client’s"
by"a"lawyer"professionally"engaged"to" " • If"the"unauthorized"appearance"is" interest"against"malicious"actions"of"his"
represent"the"cause"of"another"such" Presumption&of&Authority& willful"the"lawyer""may"be"cited"for" lawyer.""
as"by"actual"physical"appearance"or" • "An"attorney"is"presumed"to"be" contempt"and"be"disciplined"for" "
filing"of"a"pleading."& properly"authorized"to"represent"any" professional"conduct."& Determination&of&Procedural&Questions&
• The"orderly"conduct"of"judicial" cause"in"which"he"appears"in"all"stage" " • "A"lawyer"who"has"been"retained"to"
proceedings"requires"the"counsel"for" of"the"litigation"and"no"written" Ratification&of&aunathorized&Appearance& prosecute"or"defend"an"action"has"an"
a"party"to"file"with"the"court"his" authority"is"required"to"authorize"him" • Unauthorized"appearance"of"an" implied"authority"to"determine"what"
formal"written"appearance"in"the" to"appear."& attorney"may"be"ratified"by"party" procedural"steps"to"take"which,"in"his"
case."& • The"fact"that"a"second"attorney"has" expressly"or"impliedly.& judgment"will"best"serve"the"interest"
• Without"such"formal"appearance," entered"his"appearance"on"behalf"of" • Ratification"retroacts"to"the"date"of" of"his"client,&
counsel"is"not"generally"entitled"to" a"litigant"does"not"authorize"a" the"attorney’s"first"appearance"and" • Such"as"what"pleadings"hould"be"
notice."& presumption"that"the"authority"of"the" validates"his"actions."& filed,"where"&"when"to"file"it"and"
" first"attorney"has"been"withdrawn,"it" • Express"ratification& what"defenses"to"raise."&
General&&&Special&Appearance& merely"means"that"the"litigant"has" • Categorical"assertion"by"the" "
• General"Appearance& employed"an"additional"counsel.& client"that"he"has"authorized"the" Making&admissions&
• Any"action"on"the"part"of"the" • This"presumption"only"applies"to" attorney"of"that"he"is"confirming" • The"authority"of"the"lawyer"to"
defendant"or"his"counsel,"except" ordinary"procedures"and"not"with" the"authority"to"represent"him.& manage"the"clients"cause"includes"
to"object"solely"on"the" respect"to"substantial"matters."& • Implied"ratification&requires"the" the"power"to"make"admission"of"facts"
jurisdiction"of"the"court"over"the" " concurrence"of"the"requirements:& for"the"purpose"of"litigation.""
person"of"the"defendant," Presumption&disputable& 1. That"the"party"represented"by" • No"need"of"special"authority"from"
constitutes"such"appearance."& • The"presumption"that"an"attorney"is" lawyer"is"of"age"or"competent," client."
• Amounts"to"voluntary"submission" duly"authorized"to"manage"a" otherwise,"he"must"have"a"duly" • It"may"be"express"or"implied.""
to"the"court’s"jurisdiction."& litigation"is"a"disputable"one"and"may" appointed"guardian"or"legal" • Admissions"made"by"counsel"are"
• Special"Appearance& be"overcome"by"a"clear"evidence"to" representative."& imputed"to"and"conclusive"against"
• One"which"seeks"to"contest"solely" the"contrary."& 2. That"the"party"or"guardian"is" the"client""except"if""there"is"a"
the"jurisdiction"of"the"court"over" " aware"of"the"representation"by" showing"of"palpable"mistake."
the"person"of"the"defendant"and" Disclosure&of&Authority& the"lawyer.& • GR:"Authority"to"make"admissions"is"
which"seeks"no"relief"other"than" • Notwithstanding"the"fact"that"an" 3. The"he"fails"to"promptly" limited"to"the"action"which"he"is"
the"dismissal"of"the"action" attorney"is"presumed"to"be"duly" repudiate"the"assumed"authority."& retained;"Admissions"made"by"him"on"
exclusively"on"that"ground.& authorized"to"represent"a"party,"the" • The"absence"of"any"of"the"requisites" behalf"of"a"client"in"one"case"are"not"
• Does"not"operate"as"voluntary" presiding"judge"may"On"motion"of" renders"the"ratification"inoperative."& binding"upon"the"same"client"in"
submission."& either"party&and"on"reasonable" & another"suit.""
• It"also"refers"to"the"failure"of"a" grounds"being"shown"require"him"to" C. CONDUCT&OF&LITIGATION& Exception:"If"lawyer"has"been"expressly"
counsel"to"appear,"another" produce"or"prove"his"authority"and"to" " authorized"to"make"such"admission"or"if"the"2"
lawyer"appears"on"his"behalf"for" disclose"whenever"pertinent"to"the" Generally& cases"are"related.""
a"particular"purpose.& issue"the"name"of"the"person"who" " • Admission"which"operated"as"a"
employed"him.& waiver"or"surrender"of"the"clients"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

cause"is"beyond"the"scope"of"the" • Lawyer"is"not"authorized"to"enter"into" convinced"that"it"is"to"the"client’s" • An"attorney"has"authority"to"bind"his"

lawyer’s"authority."" compromise"without"special" interest."& client""in"taking"an"appeal,"it"being"a"
" authority"from"his"client."& • He"has"no"implied"power"to"waive"his" procedural"measure"to"relieve"the"
Entering&into&stipulations& • The"approval"by"the"court"of"the" client’s"right"to"appeal"nor"withdraw" client"to"adverse"effect"of"judgment.&
• A"lawyer"has"an"implied"authority"to" compromise"is"not"essential"to"the" a"pending"without"a"special"authority," "
agree"or"stipulate"upon"the"facts" validity"except"if"it"is"a"class"suit"or" but"it"may"be"ratified"by"the"client."& D. MATTERS&IMPUTED&TO&CLIENT&
involved"in"the"litigation"even" executed"on"behalf"of"a"minor"or" " &
without"prior"knowledge"or"consent" incompetent"or"an"absentee."& &Client’s&right&to&dismiss&or&compromise& Knowledge&acquired&by&attorney&
of"his"client."& " action& • Knowledge"acquired"by"attorney"
• GR:"Such"Stipulations"are"binding"to" Effect&of&Want&of&Special&Authority& • The"right"of"a"lawyer"for" during"the"time"that"he"is"acting"
the"client.& • "A"compromise"by"the"lawyer"without" compensation"for"services"rendered" within"the"scope"of"his"authority"is"
Exceptions:" special"authority"by"the"client"does" cannot"have"a"higher"standing"than" imputed"to"the"client."&
1. If"he"is"allowed"to"withdraw" not"bind"the"latter."& the"right"of"the"client"to"dismiss"his" • Doctrine"of"Imputed"Knowledge"is"
therefrom"with"the"consent"of" • It"amounts"to"a"fraud"against"the" cause"or"settle"his"litigation."& based"on"the"assumption"that"the"
the"adverse"party."& client."& • Nor"can"such"right"of"counsel"work"as" attorney,"who"has"notice"of"matters"
2. When"the"court,"upon"showing"of" • A"compromise"entered"into"without" an"obstacle"to"the"approval"by"the" affecting"his"client,"communicated"
palpable"mistake,"permits"him"to" such"authority"is"an"unenforceable" court"of"the"settlement"effected"by" the"same"to"his"principal"in"the"
withdraw& contract."& client."& course"of"employment."&
3. When"what"the"lawyer"agreed"is" • Judgment"based"on"such"compromise" " • The"doctrine"applies"whether"or"not"
that"a"witness,"if"presented"in" may"be"set"aside"or"reopened."& &Limitations&on&client’s&right& he"actually"communicated"it"to"his"
court,"would"testify"as"stated"by" " • The"client’s"right"to"settle"his"actions" client,"the"lawyer"and"his"client"being"
the"adverse"party."& Ratification&of&unauthorized&compromise& is"not"absolute."& in"legal"contemplation,"one"juridical"
" • Client"may"ratify"the"unauthorized" • The"dismissal"or"compromise"by"the" person."&
Agreement&as&to&what&witness&would&testify& compromise,"expressly"or"impliedy."& client"of"his"cause"may"not"defeat"the" "
• Agreement"as"to"the"truth"of"what"a" • Implied"ratification"may"take"many" attorney’s"right"to"just"compensation" Notice&to&counsel&as&notice&to&client&
witness","if"presented,"would"testify".& forms"such"as"silence"or"acquiescence" for"his"services."& • The"law"requires"that"service"of"any"
• Generally"binding"to"the"client& by"acts"showing"approval."& • The"client"cannot"exercise"such"right" written"notice"upon"a"party"who"has"
• Agreement"as"to"what"a"witness" " in"a"manner"that"is"contrary"to"law," appeared"by"attorney/s"shall"be"
would"testify"as"that"stated"by"the" Confession&of&Judgment& public"policy,"order"morals"or"good" made"upon"his"attorney"or"one"of"
adverse"party".& • A"confession"of"judgment"stands"on" customs"or"prejudicial"to"third"person" them,"unless"service"upon"the"party"
• Not"binding."& the"same"footing"as"a"compromise." with"a"right"recognized"by"law."& himself"is"ordered"by"the"court."&
• It"deprives"the"court"of"the" • Hence,"a"lawyer"may"not"confess" • He"cannot"compromise"civil"status." • A"notice"sent"to"party"who"has"
benefit"of"reflection"as"to"the" judgment"against"his"client"except" Validity"of"marriage"or"legal" appeared"by"counsel"is"not"a"notice"in"
intelligence"and"veracity"of"the" with"the"knowledge"and"at"the" separation,"future"legitime,"ground"of" law."&
witness"which"can"only"arise" instance"of"the"client."" legal"separation,"future"support"and" • Purpose:"Maintain"a"uniform"
through"the"process"of" " jurisdiction"of"courts.& procedure.&
examination"in"court.& Dismissal&of&action&or&withdrawal&of&appeal& " • Lawyer"to"whom"the"service"of"notice"
• & • A"lawyer"has"no"authority"to"dismiss" Authority&after&judgment& is"to"be"made"refers"to"the"counsel"of"
&Compromise&of&cause&of&action& his"client’s"case"with"prejudice"or"an" • The"power"of"attorney"after" record"or"one"who"in"writing"has"
• Compromise"& adjudication"upon"the"merits"which" judgment"is"more"restricted."& entered"a"formal"appearance."&
o Contract"whereby"the" constitutes"res"judicata,""even"if"he" • In"the"absence"of"a"greater"authority" • Where"no"notice"of"withdrawal"or"
parties,"by"making"reciprocal" does"not"believe"that"his"client"is" expressly"conferred,"an"attorney"has" substitution"of"counsel"is"shown,"
concessions,"avoid"litigation" entitled"to"prevail"in"the"action.& only"the"power"to"take"such"steps"as" notice"to"counsel"of"record"is"for"all"
or"put"an"end"to"one"already" • He"has"however"an"implied"power"to" are"necessary"to"make"the"judgment" purposes"notice"to"client."&
commenced."& dismiss"the"client’s"case"without" fully"effective"or"to"sustain"it,"or"to" • The"right"to"be"notified"through"
prejudice,"that"step"not"being"a"legal" relieve"his"client"from"its"effects"if"it"is" counsel"may"be"waived"either"by"
obstacle"to"refilling,"whenever"he"is" adverse."& attorney"or"his"client.&

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

& 1. "Personal"Service"& o Failure"to"present"additional" CHAPTER&XII&

Notice&to&one&as&notice&to&other&counsels;& • Completed"upon"actual"delivery& evidence"and"submitting"the"
Exceptions& case"on"evidence"already"
2. Ordinary"Mail&
• If"a"party"appears"by"2"or"more" • Completed"upon"expiration"of"10" adduced& AUTHORITY&AND&CHANGE&OF&
counsel"of"record,"notice"to"one"of" days"after"mailing,"unless"court" o Failure"to"file"appellant’s" COUNSEL&
the,"is"notice"to"others"as"well"as"to" otherwise"provides."& brief"due"to"political"activities"& &
the"client,"even"though"the"one"upon" 3. Registered"Mail& o Failure"to"notify"his"client" A.&Termination&of&Counsel’s&Authority&
whom"the"service"is"made"in"only"a" • Completed"upon"actual""receipt" regarding"an"adverse" &
deputy"of"the"other."& by"the"addressee"or"after"5"days" judgment.& GENERALLY:&
• The"Solicitor"General"(SG)"is"the" from""the"date"he"received"the" & The"relation"of"atty"and"client"may"be"
lawyer"of"the"Republic"and"its"officials" first"notice"of"postmaster" • Exceptions:& terminated"by:"
sued"in"their"official"capacities."& whichever"is"earlier.& 1. Adherence"thereto""will"result"to" ! the"client"
• When"the"SG"has"deputized" " outright"deprivation"of"the" ! the"lawyer"
government"lawyer,"he"remains"the" Personal&service&preferred;&explanation& client’s"liberty"or"property& ! the"court"
principal"counsel"and"service"of" required& 2. Interests"of"justice"so"require& ! reason"beyond"the"control"of"the"
notice"on"him"of"legal"processes"and" • Sec.11,"Rul2"13"or"ROC"“"Whenever" 3. Gross"or"palpable"mistake"or" parties"
not"on"the"deputized"lawyers"is" practicable,"the"service"and"filing"of" negligence"of"the"counsel" A"client"has"an"absolute"right"to"discharge"his"
decisive.& pleadings"and"other"papers"shall"be" depriving"the"client"of"due" atty"at"any"time"with"or"without"cause"or"
• Notice"to"such"deputized"lawyers"is" done"personally."Except"with"respect" process"and"law."& even"against"consent."The"existence"of"just"
not"binding& to"papers"emanating"from"the"court," " cause"is"only"important"in"determining"the"
• However,"if"an"agency"of"the" a"resort"to"other"modes"must"be" & right"of"the"atty"to"a"just"compensation."The"
government"appears"by"its"own" accompanied"by"a"written" • Instances"of"gross/palpable"mistake:& right"of"the"client"to"terminate"the"retainer"is"
internal"counsel,"not"as"a"deputized" explanation"why"the"service"or"filing" o Lawyer"to"attend"hearing"of" an"implied"term"in"every"professional"
lawyer"by"the"SG,"notice"to"such" was"not"done"personally."A"violation" criminal"case,"his"failure"to" employment."
counsel"is"deemed"notice"to"SG."& of"this"may"be"cause"to"consider"the" advise"his"client"that"he"was" "
• EXCEPTIONS&to&the&rules:& paper"as"not"filed."& going"abroad"which"resulted" LIMITATIONS&ON&CLIENT’S&RIGHT&
1. Either"by"agreement"or"proper" " to"clients"conviction& ! The"discharge"or"substitution"of"
manifestation"one"of"the"lawyers" Mistake&or&negligence&of&counsel&binding& o Counsel’s"erroneous" an"atty"without"just"cause"does"
is"expressly"designated"as"one"to" upon&client& contrived"strategy"which" not"negate"his"right"to"full"
whom"service"is"to"be"made."& • "GR:"Client"is"bound"by"his"counsel’s" prevented"the"accused"from" payment"of"compensation"as"
2. Instances"when"it"is"admittedly" conduct,"negligence"and"mistake"in" presenting"an"important" agreed"in"writing"or"in"the"
clear"that"one"is"the"leading" handling"the"case.& evidence,"which"if"presented" absence"of"a"retainer,"to"a"
counsel"and"the"rest"are"mere" • The"mistake"of"counsel"in"the" would"possibly"result"to"his" reasonable"amount"based"on"
helpers,"as"when"the"adverse" conduct"of"the"proceedings"as"a" acquittal,"even"if"such" quantum%meruit"
party"and"the"court"consider"one" result"of"his"ignorance,"inexperience" judgment"has"become"final.& "
of"the"lawyers"as"the"principal" or"incompetence"does"not"constitute" o Failure"to"counsel"to"file"the" NECESSITY&OF&NOTICE&OF&DISCHARGE&
counsel."& a"ground"for"a"new"trial."& appellants"brief"without" ! as"between"client"and"his"atty:"no"
" • Instances"where"mistakes"are"binding" cause"attributable"to"client," notice"required;"any"act"of"the"
Exceptions&to&rule&that&notice&to&counsel&is& to"client:& which"resulted"to"his" client"indicating"purpose"to"
notice&to&client& o Failure"to"file"responsive" conviction& terminate"the"relation"is"
1. Strict"application"might"foster" pleading"within"reglementary" o Failure"of"counsel"to"appear" sufficient"
dangerous"collusion"to"the"detriment" period"& in"the"hearing"which"resulted" ! however"appearance"of"another"
of"justice."" o Failure"to"appear"at"the" to"the"accused’s"conviction& counsel"to"file"a"motion"to"
2. If"service"upon"the"party"himself"is" scheduled"hearing"due"to" " dismiss"or"other"pleading"does"
ordered"by"the"court."" another"engagement"without" " not"operate"as"an"implied"
" asking"for"postponement& " revocation"of"the"authority"of"the"
Mode&of&Service&of&Notice& " original"lawyer"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

! as"between"the"court"and"the" however"if"no"new"counsel"has" " counsel"before"entering"his"

party:"there"must"be"notice"of" entered"appearance"court"may" ! lawyer"has"no"right"to"presume" appearance"
discharge"or"a"manifestation" require"the"atty’s"withdrawal"in" that"his"petition"will"be"granted." &
clearly"indicating"that"purpose" abeyance"until"another"lawyer" he"remains"counsel"of"record"
filed"with"the"court"and"a"copy" appears"for"the"party" until"his"petition"is"approved"
served"on"adverse"party" ! atty"may"withdraw"without" & &COMPENSATION&OF&ATTORNEY&
! atty"must"file"a"notice"of" client’s"consent"but"must"be"with" DEATH&OF&ATTY& &
withdrawal"" approval"of"the"court"and"only"for" ! terminates"atty!client" A. RIGHT&TO&ATTORNEY’S&FEES&
! without"such"notice"any"process" a"good"cause"namely:" relationship& &
served"on"original"counsel"is" o client"pursues"illegal"or" ! death"of"a"partner"in"a"law"firm" Generally&
binding"upon"the"party" immoral"course"of" does"not"severe"the"professional" • Two&concepts&of&Attorney’s&Fees&
" conduct"in"connection" employment"between"law"firm" o Ordinary"Concept&
EFFECT&OF&DISCHARGE& with"the"case"he"is" and"the"client,"the"remaining" • Reasonable"compensation"paid"
! authority"of"atty"to"represent" handling" partners"continue"to"assume" to"a"lawyer"by"his"client"for"the"
ceases& o client"insists"the"lawyer" professional"responsibility& legal"services"he"has"rendered"
! however"there"are"some"cases" pursue"conduct"violative" & the"latter."&
when"the"atty"may"be"required" of"the"canons"and"ethics" ACCEPTANCE&OF&INCOMPATIBLE&OFFICE& o Second"Concept&
by"the"court"to"continue" o inability"to"work"with"co! ! terminates"atty!client" • Amount"of"damages"which"the"
representation"to"prevent"failure" counsel"will"not"promote" relationship" court"may"award"to"be"paid"by"
or"miscarriage"of"justice& interest"of"the"client" ! notice"must"be"given"to"the"court" the"losing"party"to"the"prevailing"
& o due"to"mental"or"physical" because"it"will"not"take"judicial" party"&
DEATH&OR&INCAPACITY&OF&CLIENT& incapacity" notice"of"the"same,"without"such" ! The"award"of"
! terminates"the"relation"between" o client"deliberately&fails"to" notice,"process"served"upon"such" damages"belong"to"
atty"and"client,"hence"atty"may" pay"fee"for"services"or" counsel"is"still"binding"on"client" the"client,"unless"the"
not"represent"the"client"in"court" comply"with"the"retainer" " lawyer"&"the"client"
unless"he"is"retained"by"the" agreement" B.&CHANGE&OR&SUBSTITUTION&OF&COUNSEL& have"agreed"that"
administrator"or"heirs"of"the" o lawyer"is"elected"or" REQUIREMENTS:& whatever"attorneys"
client’s"estate"or"the"client’s" appointed"to"a"public" a."written"application"for"substation" fee"awarded"by"the"
guardian"(if"client"becomes" office" b."written"consent"of"client" court"when"the"client"
incapacitated"or"incompetent" o other"similar"causes"(i.e." c."written"consent"of"atty"to"be"substituted" prevails"in"the"action"
during"the"pendency"of"the"case)& client"stops"contact," d."proof"of"service"of"notice"of"the"application" shall"belong"to"the"
! it"is"the"duty"of"the"atty"to"inform" client"refuses" upon"atty"to"be"substituted" lawyer"as"part"of"his"
the"court"of"the"client’s"death"or" cooperation)" " compensation.&
incapacity"and"to"give"the"name" " ! verbal"substitution"not"allowed" • The"rule"that"the"practice"of"law"is"a"
of"the"administrator,"executor"or" PROCEDURE&FOR&WITHDRAWAL& ! defective"substitution"or"one" profession"and"not"a"money!making"
the"guardian"as"the"case"may"be& " which"does"not"comply"with"the" trade"does"not"operate"as"to"deny"
& 1."If"without"client’s"consent,"file"petition"for" requirement"will"not"terminate" the"lawyer"the"right"to"attorney’s"
LAWYER&MAY&WITHDRAW&ONLY&FOR&A& withdrawal"in"court." the"original"counsel’s"authority" fees"for"his"professional"service."&
GOOD&CAUSE& 2."Serve"copy"of"the"petition"upon"client"and" but"will"still"recognize"the" • He"has"a"right"to"have"and"recover"
! atty"may"withdraw"before"the" the"adverse"party"at"least"3"days"before"the" appearance"of"the"new"counsel" from"his"client"a""fair"and"reasonable"
final"judgment"with"the"client’s" date"set"for"hearing."" (both"will"be"considered"counsel" compensation"for"his"services,"except"&
written"consent"or"the"court’s" 3."Present"the"petition"in"advance"of"the"trial" of"record)" 1."where"he"has"agreed"to"render"his"services"
approval"of"his"petition"to" of"the"action"to"allow"his"client"to"secure"the" ! client"may"employ"as"many" gratuitously"or""
withdraw" services"of"another"lawyer." counsel"as"he"pleases"but" 2.&&he&has"been"appointed"as"counsel"de"
! approval"of"court"not"necessary"if" 4."The"court"may"grant"or"deny"depending"on" professional"courtesy"requires" officio."
withdrawal"is"with"conformity"of" circumstances." that"new"counsel"should" • The"compensation"of"a"lawyer"should"
client"and"is"accompanied"with" 5."The"lawyer"must"still"appear"on"the"date"of" communicate"with"the"original" be"a"mere"incident"of"the"practice"of"
the"appearance"of"new"counsel," hearing"until"there"is"a"withdraw"of"record."

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

law,"the"primary"purpose"of"which"is" 2. Although"there"is"a"formal" for"attorney’s"fees"even"though"it"has" employees"be"paid"just"fees"by"all"

to"render"public"service."& contract"for"attorney’s"fees,"the" redounded"to"his"benefit."& those"who"received"benefits."%
" fees"stipulated"are"found" • The"objection"to"the"lawyer’s" • Attorney’s"fees"in"labor"cases"may"
Right&to&protection&of&counsel’s&fees& unreasonable"or"unconscionable" appearance"should"be"raised"before" not"be"more"than"what"the"law"
• A"lawyer"is"much"entitled"to"judicial" by"the"court& and"not"after"beneficial"services"shall" provides"and"they"may"not"be"
protection"against"injustice," 3. Contract"for"attorney’s"fees"is" have"been"rendered"by"the"lawyer," checked"off"from"any"amount"due"the"
imposition"or"fraud"on"the"part"of"his" void"due"to"purely"formal"defects" otherwise"such"party"who"benefited" employees"without"their"written"
client"as"his"client"on"the"part"of"his" of"execution"& from"the"representation"may"be" consent."%
counsel."& 4. When"the"lawyer,"for"justifiable" required"to"pay"counsel"fees."& &
• The"duty"of"the"court"is"not"alone"to" cause,"was"not"able"to"finish"the" • "The"liability"is"based"on"equity.& Liability&in&derivative&suits&
see"that"a"lawyer"acts"in"proper"and" case"to"its"conclusion"& • If"the"legal"representation"redounded" • Where"in"derivative"suit,"the"services"
lawful"manner,"it"is"also"its"duty"to" 5. When"the"lawyer"and"the"client" to"the"benefit"of"the"party"concerned," of"counsel"who"instituted"the"action"
see"that"lawyer"is"paid"for"his" disregard"the"contract"for" the"retention"/acceptance"of"the" upon"the"request"of"stockholder"are"
services."& attorney’s"fees.& benefit"cure"the"defect"of"lack"of" beneficial"to"the"corporation,"the"
Requisites&for&right&to&accrue:& 6. Client"dismissed"his"counsel" authority"on"the"part"of"the"agent"to" counsel"fees"may"be"properly"
1. Existence"of"Attorney!client" before"the"termination"of"the" retain"the"lawyer."& charged"against"corporate"funds.")
relationship" case"or"the"latter"withdrew" Exception:"Employment"of"private"lawyer"to" • Any"stockholder"may"intervene"and"
2. Rendition"of"a"lawyer"of"legal"services" therefrom"for"valid"reasons."& represent"the"government"entity"by"an" oppose"the"grant"of"such"fees"as"
" • QM"is"a"device"to"prevent"undue" official"who"has"no"authority"in"law"to"do"so," charge"against"funds"of"the"
• A"lawyer"who"rendered"professional" enrichment"based"on"equitable" since"the"benefits"secured"by"the"legal" corporation.)
services"in"favor"but"over"the" postulate"that"it"is"unjust"for"a"person" representation"cannot"take"the"place"of"the" "
objection"of"the"party"is"not"entitled" to"retain"benefit"without"paying"for" law"and"will"not"create"an"obligation"on"the" Liability&in&receivership&proceedings&
to"fees"even"though"the"services" it."& part"of"the"government"entity"to"pay"fees."" • The"assets"under"receivership"may"be"
redounded"to"the"benefit"of"the" & & liable"for"the"fees"of"a"lawyer"
party."" Who&is&liable&for&attorney’s&fees& & employed"by"a"receiver"to"help"him"in"
" • GR:"Only"the"client"who"engaged"the" Liability&of&Assignee& the"discharge"of"his"duties.)
Written&Agreement& services"of"counsel"either"personally" • Since"an"assignee"of"all"interests"pent" • However,"attorney’s"fees"of"the"
• A"written"agreement"is"not"necessary" or"through"an"authorized"is"liable"for" elite"usually"steps"into"shoes"of"the" counsel"for"a"defendant"in"a"
to"establish"a"client’s"obligation"to" attorney’"fees."& assignor"and"acquires"all"of"the" receivership"proceeding"are"personal"
pay"attorney’s"fees." • A"party"who"is"not"a"privy"to"the" latters"rights"and"obligations"in"the" obligations"of"the"defendant"and"may"
• The"client’s"obligation"to"pay" employment"contract"or"who"did"not" action,"the"assignee"may"be"held" not"be"paid"out"of"the"assets"in"the"
attorney’s"fees"arises"from"the" authorize"the"lawyer’s"retainer"is" liable"for"atty’s"fees"from"out"of"the" hands"of"receiver,"unless"it"
inanimate"contrat"of"facius%ut%des%(I" generally"speaking"not"liable"for"such" proceeds"of"favorable"judgment."& redounded"to"the"benefit"of"the"
do"and"you"give)"which"is"based"on" fees."& & receivership"or"of"the"plaintiff"who"
the"principle"that"no"one"shall" • The"exceptions"on"this"rule"rest"on" Liability&in&Labor&Cases" asked"for"the"appointment"of"
unjustly"enrich"himself"at"the" the"equitable"principle"that"a"person" • A"lawyer"who"represents"a"union"and" receiver.)
expense"of"another."" who"accepts"the"benefits"of"the"legal" its"members"and"with"whom"he"has"a" &
" representation"impliedly"agrees"to" retainer"for"payment"for"a"fixed" Liability&in&trusteeship&or&guardianship&
Quantum&meruit&(QM)&& pay"the"attorney’s"fees"for"he"may" percentage"amounts"recovered"from" proceeding&
• "It"means"as"much"as"the"lawyer" not"unjustly"enrich"himself"at"the" the"company"is"entitled"to"be"paid"his" • Trustee"may"be"indemnified"out"of"
deserves"or"such"amount"which"his" expense"of"the"lawyer."& fees"not"only"by"the"union"members" the"trust"estate"for"his"expenses"in"
services"merit."& " but"also"by"the"non!union"members" rendering"and"proving"his"accounts"
• Recovery"of"attorney’s"fees"on"the" Liability&of&persons&benefited&by&counsel’s& as"well"those"who"derive"benefits" and"for"the"counsel"fees"in"
basis"of"QM"is"authorized:& service& from"his"services.% connection"therewith."&
1. No"express"contract"for"payment" • GR:""A"person"who"had"no"knowledge" • It"is"just"and"fair"that"the"lawyer"who" • The"court"may"determine"whether"or"
of"attorney’s"fees& of"or"objected"to,"the"lawyer’s" represented"the"struggling"members" not"a"trustee"may"be"allowed"
representation"may"not"be"held"liable" of"the"union"to"secure"benefits"for"all" expenses"for"attorney’s"fees"and"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
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permitted"to"charge"the"same"against" are"special"partners"for"special" under"his"administration"of" o Abuse"of"clients"confidence"&

the"trust"estate."& purpose/"" professional"fees"for"services" o Unfaithfulness"in"
• The"property"of"the"ward"may" • Partners"in"law"firm"share"in"the" rendered"by"him"as"a"lawyer."& representing"his"client’s"
lawfully"answer"for"the"lawyer’s"fees" profits"according"with"their" Reason:"Legal"maxim"that"the"one"acting"in" cause"&
of"the"lawyer"employed"by"the" partnership"agreement"even"though" fiduciary"capacity"must"not"place"himself"in" • The"adverse"result"of"the"litigation"
guardian,"provided"there"is"prior" only"one"of"them"actually"rendered" such"a"position"as"to"make"his"interests" does"not"deprive"a"lawyer"of"his"right"
approval"of"the"guardianship"court."& the"service."" antagonistic"with"his"principal." to"attorney’s"fees.&
" • Lawyer"shall"in"cases"of"referral,"with" & • A"mere"honest"mistake"in"the"
Liability&in&estate&proceedings& the"consent"of"the"client,"or"those" & discharge"of"his"duties"does"not"also"
• Fees"of"lawyer"appointed"by"executor" lawyers"who"rendered"services"at"one" Right&of&counsel&de&oficio&to&fees& defeat"his"right"to"fees."&
or"administrator"to"assist"him"in"the" time"or"another"in"the"action,"be" • In"the"absence"of"a"law"allowing" &&
execution"of"his"trust"are"not" entitled"to"a"division"of"fees"in" compensation,"a"counsel"de"officio" Withdrawal&of&counsel&from&the&case&
chargeable"against"estate"of"the" proportion"to"the"work"actually" cannot"charge"the"government"nor" • Lawyer’s"unceremonious"withdrawal"
deceased"since"the"services"are" performed"and"responsibility" the"indigent"litigant"for"his"services."& or"abandonment"of"the"action"which"
rendered"to"the"executor.& assumed."" • It"is"not"a"violation"of"the" prejudices"the"client"negates"his"right"
• Liability"for"payment"rests"on"the" & constitutional"restriction"against" to"attorney’s"fees/"&
executor"or"administrator"who"may," NonTLawyer&not&entitled&to&lawyer’s&fees&& taking"of"property"w/o"remuneration" • This"constitutes"as"a"breach"of"his"
if"the"services"are"beneficial"to"the" • The"statutory"rule"that"an"attorney" or"due"process& implied"undertaking"to"prosecute"or"
estate,"either"seek"reimbursement" shall"be"entitle"to"have"and"recover" Reason:"It"is"one"of"the"obligations"which"an" defend"the"client’s"cause"until"
from"the"estate"if"he"has"already"paid" from"his"client"reasonable" attorney"willingly"assumed"when"he"took"his" termination"of"the"litigation."&
them"or"include"them"in"his"account" compensation"requires"an"attorney! oath"as"a"lawyer"is"to"render"free"legal" • If"the"withdrawal"is"with"the"client’s"
with"due"notice"to"all"parties" client"relationship"as"a"condition"for" services"whenever"required"by"the"court"to" written"conformity,"it"is"presumed"in"
interested."& the"recovery"of"attorney’s"fees."& do."" the"absence"of"evidence"to"contrary,"
• Ultimately,"the"estate"will"answer"for" • A"non!lawyer"cannot"therefore" • The"ROC"provides"a"token" that"he"and"his"client"have"mutually"
the"fees"of"the"lawyer"whose"services" recover"attorney’s"fees"even"if"there" compensation"for"counsel"de"oficio," agreed"to"terminate"the"services"and"
are"beneficial"to"the"estate.& is"a"law"authorizing"him"to"represent" subject"to"the"availability"of"the"funds" to"compensate"him"for"such"services"
• If"the"assets"have"been"distributed," a"litigant"in"court."& as"may"provided"by"law"the"court" up"to"the"termination"of"their"
the"distributees"or"heirs"will"have"to" " may"order"that"a"counsel"de"oficio"be" relation."&
contribute"their"share"for"the" Restrictions&on&some&lawyers&to&charge&fees& compensated"in"such"sum"as"court" • The"lawyer"must"refund"to"the"client"
payment"of"the"fees"as"the"obligation" • "A"lawyer"who"is"absolutely" may"reasonably"fix"which"shall"NOT:" such"part"of"the"retainer"as"has"not"
of"the"estate"follows"the"assets," disqualified"from"engaging"in"the" a. Be"less"than"P30"nor"more"than" been"clearly"earned."&
except"in"the"hands"of"purchaser"in" private"practice"of"law"by"reason"of" P50"in"light"felony" &
good"faith."& his"government"position"may"neither" b. P100"in"less"grave"felonies" Representation&of&Adverse&Interests&
" practice"law"nor"should"he"do"so" c. P200"grave"felonies"other"than" • Representation"of"conflicting"
Who&are&entitled&to&or&the&share&in& illegally,"charge"attorney’s"fees"for" capital"felonies" interests"without"written"consent"of"
attorney’s&fees& such"services."& d. P500"for"capital"offenses"" the"client"as"to"the"dual"
• The"lawyer"who"has"been"engaged"by" • The"prohibition"does"not"apply"to"the" • "Compensation"for"counsel"de"oficio" representation"made"after"full"
a"client"is"the"one"entitled"to"recover" collection"of"fees"for"services" is"not"intended"as"a"source"of"regular" disclosure"of"facts"negates"the"
the"fees."& rendered"before"the"lawyer"qualified" income."" lawyers"right"to"receive"
• However,"if"more"than"one"lawyer" for"the"public"office"even"though" Attorney’s&conduct&affecting&his&right&to&fees& compensation"from"both"of"them."&
have"been"employed"by"a"client,"the" payment"thereof"is"made"thereafter."& • Right"of"a"lawyer"to"recover" "
question"of"fess"may"arise."& • A"lawyer,"as"a"government"official" attorney’s"fees"may"be"affected"or" Lawyer’s&right&unaffected&by&clients&conduct&
• GR:"Lawyers"who"jointly"represent"a" charge"with"the"duty"of"extending" negated"by"misconduct"on"his"part" • A"client"cannot,"in"the"absence"of"
common"client"for"a"given"fee,"in"the" legal"services"to"indigent"litigants" such"as:& lawyer’s"fault,"consent"or"by"a"waiver,"
absence"of"an"agreement"as"to" may"not"collect"attorney’s"fees."& o Carelessness&& deprive"the"lawyer"of"his"just"fees"
division"of"fees,"share"equally"as"they" • An"executor"or"administrator"is" o Negligence"in"the"discharge" already"earned."&
prohibited"from"charging"the"estate" of"duties&
o Misrepresentation"&

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
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• While"a"client"has"the"right"to" • The"discharge"of"a"lawyer"for"valid" • Fee"stipulated"may"be"Absolute&or"& &

discharge"his"lawyer"at"any"time," cause"does"not"deprive"the"lawyer"of" Contingent."It"may"be"a":" Validity&of&Contract&
dismiss"or"settles"his"action"he"cannot" his"right"to"just"fees."" o Fixed"percentage"of"the" • General"rules"governing"the"validity"
by"taking"such"step"deprive"the" • He"may"only"be"deprived"of"such" amount"recovered"in"the" of"an"ordinary"contract"apply"to"an"
lawyer"of"what"is"justly"due"to"him" right"IF"the"cause"for"his"dismissal" action." agreement"for"professional"services.&
unless"the"lawyer"by"his"actions," constitutes"in"itself"an"obstacle"for" o May"provide"a"fee"per" • It"must"not"be"contrary"to"law,"good"
waives"or"forfeits"his"right."& recovery."" appearance,"per"piece"of" morals,"public"policy,"public"order"
" " work"or"an"hourly"basis." and"good"customs."&
Attorney’s&discharge&by&client& Clients&dismissal&of&action& o Combination"of"these" "
• "The"discharge"of"a"lawyer"by"his" • Client"may"dismiss"his"cause"or"action" arrangements."" Effect&of&Nullity&of&Contract&
client"without"a"valid"cause"before" with"or"without"his"lawyers"counsel.& • A"written"retainer"has"distinct" • Nullity"of"a"professional"contract"
the"conclusion"of"the"litigation"does" • But"this"should"not"deprive"the" advantages"over"an"oral"contract." which"results"from"the"illegality"of"
not"negate"the"lawyer’s"right"to"just" lawyer"of"his"right"to"attorney’s"fees" o In"case"of"controversy"as"to" the"object"sought"to"be"achieved"
fees."& in"the"absence"of"waiver"by"the" question"of"fees,"a"written" precludes"a"lawyer"from"recovering"
• However,"the"discharge"may"or"may" lawyer."& contract"generally"controls" his"fees"for"such"services."&
not"affect"the"amount"of"fees" • If"dismissal"of"action"was"made"in" the"amount"thereof." • However,"if"nullity"is"due"to"want"of"
depending"upon"the"existence"or" good"faith,"the"lawyer"is"entitled"to" o Event"of"lawyer’s"dismissal"by" authority"on"the"part"of"one"of"
absence"of"a"valid"written"contract" such"reasonable"fees"for"the"services" the"client"before"conclusion" contracting"parties"or"irregularity"in"
for"professional"service"and"nature"of" rendered.& of"the"litigation"without" its"formal"execution"or"to"
that"contract.& • If"the"dismissal"was"made"with"the" justifiable"cause,"attorney" unreasonable"amount"of"fees"fixed"
1. No"express"written"agreement"as" intention"to"defraud"the"lawyer"with" may"be"entitled"to"the"full" therein"–"lawyer"is"entitled"to"recover"
to"fees& respect"to"his"fees,"he"shall"be" amount"agreed."" what"is"justly"due"to"him"on"the"basis"
! Lawyer"may"only"be"entitled" entitled"to"the"full"amount"agreed"or" o Without"written"agreement," of"QR.&
to"recover"the"reasonable" in"absence"of"agreement,"a" he"may"only"recover"the" • In"this"case"the"object"is"legitimate"
value"of"his"services"up"to"the" reasonable"value"of"his"services" reasonable"worth"of"his" and"contract"will"not"be"enforced"
date"of"his"dismissal."& based"on"QR.& services"rendered"up"to"the" because"of"its"formal"defects."&
!"this"rule"applies"if"there"is"an"express" • A"lawyer’s"consent"to"the"dismissal" date"of"his"dismissal."" "
understanding"of"payment"of"fees"but"it"is"not" does"not"negate"his"right"unless" & Effect&of&Unconscionability&of&amount&
reduced"to"writing"except"if"the"dismissal"was" under"the"circumstances"it" Kinds&of&Retainer:&General&&&Special& • Written"contract"of"service"shall"
made"after"the"termination"of"the"case,"in" constitutes"as"a"waiver."& • General"Retainer"or"retaining"fee& control"the"amount"to"be"paid"unless"
which"case"the"lawyer"is"entitled"to"full" " ! Fee"paid"to"a"lawyer"to" found"by"the"court"to"be"
amount"agreed." Clients&compromise&of&action&& secure"his"future"services"as"a" unconscionable"or"unreasonable."&
2."If"there"is"a"written"agreement"and"fee" • A"lawyer’s"right"to"just"compensation" general"counsel"for"any" • Unconscionability"of"the"amount"
stipulated"is"reasonable"and"absolute" does"not"give"him"a"superior"right"as" ordinary"legal"problem"that" renders"the"contract"invalid."&
!"a"lawyer"discharged"without"valid"cause" to"preclude"the"client"from"settling" may"arise"in"the"routinary" • However"it"will"not"preclude"
shall"be"entitled"to"the"full"amount"agreed."" his"case."& business"of"the"client"and" recovery,"it"will"only"justify"the"court"
!"If"the"fee"stipulated"is"contingent,"and" • Compromise"does"not"also"deprive" referred"to"him"for"legal" to"fix"the"reasonable"worth"of"his"
dismissal"was"made"before"termination"of" the"lawyer"of"such"right."& action."& services"based"on"QR."&
case,"he"shall"be"entitled"to"fees"for"services" **"Same"rule"sa"dismissal"of"action"with" ! Fees"are"paid"whether"or"not" "
thus"rendered."BUT"if"the"contingency"occurs" respect"of"the"intention"of"the"client."" there"cases"referred"to"the" Contingent&Fee&Contract&&
or"the"client"prevents"its"occurrence"by" " lawyer.& • It"is"an"agreement"in"writing"in"which"
dismissing"or"settling"his"cause,"lawyer"is" B. CONTRACT&FOR&ATTORNEY’s&FEES& Reason:"Compensation"for"a"lost"opportunity" the"fee,"usually"a"fixed"percentage"of"
entitled"to"the"full"amount"agreed." & of"a"lawyer"to"render"service"to"other"parties."" what"may"be"recovered"in"the"action,""
!"The"lawyer"should"question"his"discharge"to" Generally& • Special"Retainer& is"made"to"depend"upon"the"success"
entitle"him"to"the"amount"agreed"upon" • A"contract"of"professional"services" ! A"fee"for"specific"case" in"the"effort"to"enforce"or"defend"a"
otherwise"the"quantum"meruit"applies"as"the" may"either"be"Oral&or"Written.&" handled"or"special"service" supposed"right."&
basis"of"payment."" rendered"by"a"lawyer"for"a"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
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• The"lawyer"gets"paid"only"if"he"wins" SUPPRESSION"OF"FACTS""OR" 2. The"novelty"and"difficulty"of" • Ability,"skill"&"competence"of"a"

the"case"UNLESS"the"client"prevents" EXCESSIVE"FEES."#& questions"involved."& lawyer"are"not"measured"by"his"
the"successful"prosecution"or"defense" " 3. Importance"of"subject"matter& income."&
of"the"action,"in"which"case"lawyer"is" Effect&of&Agreement&to&pay&litigation& 4. Probability"of"losing"other" • Neither"is"the"length"of"time"a"lawyer"
entitled"to"fees"based"on"QR;"or"to" expenses& employment"as"a"result"of" has"practiced"a"safe"criterion"of"his"
the"full"amount"agreed"if"client"acted" • "The"rule"of"the"profession"forbid"a" acceptance"of"the"case& character"and"quality"of"his"work.&
in"bad"faith."& lawyer"from"agreeing"to"pay"or"bear" 5. Skill"demanded& "
• Absolute"fee"on"the"other"hand," the"expenses"of"litigation.& 6. Customary"charges"for"similar" &
entitles"a"lawyer"to"get"paid"for"his" • He"may"HOWEVER,"in"good"faith," services"and"the"schedule"of"fess" Value&of&interest&involved&
efforts"regardless"of"the"outcome"of" advance"the"expenses"as"matter"of" of"the"IBP"charter"to"which"he" • Generally,"the"bigger"the"size"or"value"
the"litigation.& convenience"but"subject"to" belongs& of"the"interest"or"property"involved"in"
• Contingent"fee"contract"is"subject"to" reimbursement."& 7. Amount"involved"in"the" a"litigation"the"higher"the"attorney’s"
supervision"and"scrutiny"of"court"to" REASON:"To"prevent"lawyer"from"acquiring" controversy"and"the"benefits" fees."&
protect"client"from"unjust"charges."& any"interest"in"the"litigation"&"avoid"conflict" resulting"to"the"client"from"the" Reason:""The"higher"the"stakes"the"more"the"
• The"court"may"reduce"the"amount"of" of"interests"between"them." service& case"is"hotly"litigated"and"the"greater"efforts"
unconscionable"contingent"fee"to"a" • This"agreement"is"known"as" 8. Contingency"or"certainty"of" the"lawyer"exerts.""
reasonable"sum,"even"if"client" CHAMPERTRY."#"" compensation& • But"in"a"million"peso"litigation,"the"
consented"thereto.& " 9. Character"of"employment"," percentage"fee"contingent"upon""
• Unconscionable"fee"–"amount"which" Construction&of&Professional&Contract&& whether"occasional"or" recovery"becomes"smaller"as"the"
according"to"the"circumstances"of"the" • GR:"To"adopt"such"construction"as" established& amount"of"recovery"gets"bigger."
case,"constitutes"an"over" would"be"more"favorable"to"the"client" 10. Professional"standing"of"the" (INVERSE"PROPORTION"RULE)"
exaggeration"of"the"worth"of"the" even"if"it"is"prejudicial"to"the"lawyer" lawyer."& Reason:"""based"on"the"assumption"that"the"
services"of"a"lawyer."& #& • These"factors,"not"one"of"which"is" amount"of"work"required"remains"the"same"
• It"depends"upon"an"express"contract" Reason:"Inequality"of"situation"between"the" controlling"are"mere"guides"in" even"though"the"interest"in"the"action"
without"which,"lawyer"may"only" lawyer,"who"knows"the"technicalities"of"the" ascertaining"the"real"value"of"a" exceeds"several"million"pesos.""
recover"only"on"the"basis"of"QR.& law"and"the"client"who"is"ignorant"of"such"and" lawyer."& "
• It"applies"even"if"initial"fees"are"paid" also"because"of"the"lawyer’s"status"as"officers" • Determination"of"attorney’s"fees" Loss&of&opportunity&for&other&employment&
before"or"during"the"progress"of" of"court."" based"on"these"factors"are"question" • Two"ways"which"a"lawyer"may"loss"
litigation"as"long"as"the"bulk"of"the" & of"facts","it"requires"evidence"to" opportunity"for"employment:&
fees"depends"on"the"success"of"the" C. MEASURE&OF&COMPENSATION& prove"the"amount"of"fees."& 1. The"acceptance"will"preclude"a"
lawyer."& & & lawyer"from"appearing"for"others"
• It"is"applicable"to"Civil"and"Criminal" Amount&fixed&in&valid&contract& "Nature&of&Services& in"cases"likely"to"arise"out"of"the"
actions.& • The"amount"attorney’s"fees"due"is" • The"value"of"the"lawyer’s"service"is"in" transaction"in"view"of"prohibition"
• It"is"the"only"way"by"which"a"poor" stipulated"in"the"written"retainer" large"measure"determined"by"the" against"representation"of"adverse"
litigant"may"have"his"rights"enforced" agreement"which"is"conclusive"as"to" nature,"quality"&"quantity"of"such" interests."&
or"protected"by"a"lawyer""& amount"of"lawyer’s"compensation& services."& 2. There"is"a"reasonable"expectation"
" • This"rule"applies"whether"the"fee" " that"the"lawyer"not"accepted"
Validity&of&Contingent&Fee& contracted"for"is"absolute"or" Skill&&&Standing&of&a&lawyer& employed"by"other"clients."&
• In"this"jurisdiction,"it"is"not"prohibited" contingent."& • A"lawyer"acquires"a"reputation"for" &
by"law"&"is"impliedly"sanctioned."& " professional"capacity"&"fidelity"to" &Difficulty&of&issues&involved&
• Its"validity"DEPENDS"upon"the" Factors&taken&into&account& trust"through"years"of"hard"labor"and" • It"includes"the"preparation,"study"and"
reasonableness"of"the"amount"fixed" • In"determining"the"amount"of"fess" devotion"to"duty"evidenced"by"the" research"put"into"the"case"by"the"
as"contingent"fee"under"the" which"a"lawyer"may"charge"his"client" quality"of"his"works.& lawyer,"to"convince"the"court"as"to"
circumstances"of"the"case."& the"following"factors"are"considered" • Such"lawyer"with"high"reputation"also" the"soundness"of"the"clients’"cause.&
• Generally,"Valid"and"Binding"UNLESS" as"provided"in"Rule"20.01"of"the"Code" acquires"persuasive"ability"in"the" "
obtained"by"FRAUD,"IMPOSITION," namely:& pleadings"he"makes.& &
1. The"time"spent"and"extent"of" &

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

Test&Case& collective"bargaining"negotiations"" A&lawyer&shall&avoid&controversies&with& • The"remedy"cannot"be"availed"of"if"

• Where"several"actions"or"possible" shall"be"imposed"on"any"individual" client&concerning&his&fees& the"client"recovers"nothing"in"the"
disputes,"such"as"in"insurance,"tax"or" member"of"a"contracting"union:" • %Rule%20.4%of%this%Code%“%a%lawyer% main"action."&
labor,""involve"an"identical"question" Provided"however,"the"attorney’s"fee" should%avoid%controversies%with% Reason:"Question"of"fees"cannot"be"
and"one"case"is"litigated"as"a"test" may"be"charged"against"the"union" clients%concerning%his%compensation% determined"until"after"the"main"action"has"
case,"the"value"in"controversy"in"all" fund"in"an"amount"agreed"upon"by" and%to%resort%to%judicial%action%only%to% been"decided"&"subject"of"recovery"is"at"the"
the"actions"should"bear"its" the"parties."Any"contract"to"the" prevent%imposition,%injustice%or%fraud.%& disposition"of"the"court.""
appropriate"proportion"to"the" contract"is"void& • He"may"take"judicial"action"to"protect" • The"petition"may"be"filed"with"the"
amount"due"as"fees"to"the"lawyer" • Art."203"of"the"same"Code"“"No" his"fees"either"in"the"main"action"he" court:&
who"prosecuted"the"test"case."& agent,"Attorney"xxx"pursuing"or"in" rendered"his"services"or"an" ! before"the"judgment"in"favor"
• "A"test"case"is"usually"litigated"with" charge"of"the"preparation"or"filing"of" independent"civil"suit"against"his" of"the"client"is"satisfied"or"
energy"and"diligence"even"if"the" any"claim"under"Employee" client."& proceeds"thereof""delivered"
actual"amount"is"insignificant" Compensation&"State"Insurance"Fund" " to"client&
because"the"resolution"of"the"other" shall"demand"or"charge"his"services" D. PROCEDURE&TO&RECOVER&FEES& ! before"judgment"is"rendered"
actions"which"involve"large"sums"of" any"fee,"stipulations"to"the"contrary" " BUT"the"determination"as"to"
money"is"made"to"depend"on"the" are"void."& Lawyer’s&application&to&pay&his&fees& the"propriety"of"fees"will"
favorable"outcome"of"the"test"case."& " • "Canon"16,"Rule"16.03,"a"lawyer"may" have"to"await"the"outcome"of"
" Fees&in&case&of&Referral& apply"so"much"of"the"clients"funds" the"litigation,"at"which"time"
Results&secured& • "It"is"improper"for"a"lawyer"to""receive" that"come"into"his"possession"as"may" the"issue"as"to"fee"may"be"
• "The"fact"that"a"lawyer"failed"to" compensation"for"merely" be"necessary"to"satisfy"his"fees"and" tried"with"notice"given"to"
secure"for"his"clients"what"he"desires" recommending"another"lawyer"to"his" disbursements,"giving"notice" interested"parties.&
does"not"deprive"him"of"the"right"to" client"for"if"such"practice"is" promptly"to"his"clients."& • Court"may"not"order"client"to"pay"
recover"compensation"for"his"services" permitted,"it"would"tend"to"develop" • This"provision"assumes""that"the" fees"before"judgment"is"rendered,"
except"when"the"fee"agreed"upon"is" the"evils"of"commercialism."& client"agrees"with"the"lawyer"as"to" there"being"nothing"from"which"they"
contingent."& • It"is"only"when,"in"addition"to"referral" the"amount"of"the"fees."& be"paid"except"if"it"is"certain"that"
• "A"different"rule"would"mean"that" ,"he"performs"legal"service"or" • In"case"of"disagreement"or"when" there"is"something"due"the"client"
every"professional"fee"is"contingent" assumes"responsibility"in"the"case" client"disputes"the"amount"claimed" such"as"in"estate"proceedings;"or"
fee"and"for"every"litigated"case,"it"is" that"he"will"be"entitled"to"a"fee.& for"being"unconscionable,"the"lawyer" when"client"dismissed"the"services"of"
only"the"lawyer"in"the"winning"side" " may"not"arbitrarily"apply"the"funds"in" the"lawyer"before"termination"of"the"
will"get"paid"for"his"services."& &A&lawyer&shall&not&receive&from&another& his"possession"for"payment"of"his"fees" action,"and"funds"therefor"are"
• If"that"were"the"rule,"the"practice"of" without&clients&consent& for"it"is"violative"of"their"trust" available.&
law"will"cease"to"be"a"dignified"and" • Rule%20.03%of%the%Code%“%A%lawyer% relationship.& "
honorable"profession."& shall%not,%without%full%knowledge%&% • The"lawyer"should"file"the"necessary" Independent&civil&action&
" consent%of%the%client,%accept%fee,% action"in"court"to"fix"and"recover"the" • Lawyer"may"enforce"his"right"to"
Statutory&limitation&as&to&fees& reward,%commission,%interest%or%other% amount"of"his"fees."& reasonable"compensation"in"an"
• "Legislature,"in"the"exercise"of"police" compensation%related%to%his% " independent"civil"action"in"ff"cases:&
power"may"by"law"prescribe"the"limit" employment%from%another%person% Petition&as&incident&of&main&action& 1. If"the"court"trying"the"main"action"
of"the"amount"of"attorney’s"fees."& other%than%his%client”& • A"lawyer"may"enforce"his"right"to"fees" dismissed"the"cllient’s"action"or"
• Art."111"of"Labor"Code"provides"“"it" • "This"rule"is"designed"to"secure"the" by"filing"the"necessary"petition"as"an" nothing"is"awarded"to"him"#&
shall"be"unlawful"for"any"person"to" fidelity"to"the"client’s"cause"and"to" incident"of"the"main"action"in"which" 2. The"court"deciding"the"main"
demand"or"accept"in"any"judicial"or" prevent"room"of"suspicion"on"the" his"services"were"rendered"only"when" action"has"no"jurisdiction"over"
administrative"proceedings"for"the" part"of"the"client."& something"is"due"the"client"in"the" the"action"or"has"already"lost"it.&
recovery"of"wages,"attorney’s"fees" • Corollary"to"this"rule"is"the"principle" action"from"which"the"fee"is"to"be" 3. The"person"liable"for"attorney’s"
which"exceed"10%"of"the"amount"of" that"whatever"a"lawyer"receives"from" paid;Or"when"the"client"settles"or" fee"is"not"party"to"main"action&
wage"recovered”& the"opposite"party"in"the"service"of" waives"his"cause"in"favor"of"the" 4. The"court"reserved"to"the"lawyer"
• Art."222"of"the"same"Code"“"No" his"client"belongs"to"the"client.& adverse"party"in"fraud"of"the"lawyers" the"right"to"file"a"separate"action"&
attorney’s"fees"xxx"arising"from"any" " claim"for"compensation.&&

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

5. The"services"for"which"the"lawyer" • The"court"having"jurisdiction"to"try" through"counsel,"his" 11. When"at"least"double"cost"is"

seeks"payment"refers"to"matters" the"main"action"in"which"the"lawyer" cause."" awarded"in"cases"of"frivolous"
not"related"to"the"main"action.& rendered"services"has"also" Belong"to"the"client" "Payable"to"the" action"or"appeal."&
6. Court"rendered"judgment"in"the" jurisdiction"to"pass"upon"the"question" unless"there"is"an" lawyer."" 12. Court"deem"it"just"&"equitable"&
main"action"without"ordering" of"fees"even"though"the"total"sum" agreement"between" 13. Special"law"so"authorizes."&
payment"of"attorney’s"fees"and" thereof"is"less"than"the"jurisdictional" the"lawyer"&"client" "
such"become"final.& amount"cognizable"by"the"court."& that"whatever" &
& " attorney’s"fees""that" &
Remedies&in&Estate&Proceedings& Necessity&of&Hearing& the"court"may"award" &
• The"procedure"for"collection"of"fees" • "A"petition"for"recovery"of"attorney’s" shall"belong"to"the" Right&to&private&counsel&a&precondition&
in"an"estate"proceeding"is"for"the" fees"has"to"be"prosecuted"and"the" lawyer"as" • To"entitle"a"party"to"recover"
lawyer"to"ask"the"administrator"or" allegations"therein"established"as"any" compensation"or"in" attorney’s"fees"as"an"item"of"
executor"to"pay"him"his"fees."& other"money"claim.& addition"thereto."" damages,"he"must"not"only"show"that"
• If"the"administrator"or"executor" • The"persons"entitle"to"or"must"pay" & the"case"falls"under"any"of"the"
refuses"or"fails"to"do"so,"lawyer"has" the"fees"have"the"right"to"be"heard" Fee&as&damages&not&recoverable&–&General& exceptions"that"may"warrant"the"
two"remedies:& upon"the"question"of"the"propriety"of" Rule& award"thereof;"he,"including"public"
1. File"an"independent"civil"action" the"amount."& • GR:""Attorney’s"fees"as"damages"are" litigant,"MUST"show"his"right"to"
against"administrator"or"executor" • Burden"of"proof"is"upon"the"lawyer"to" not"recoverable."& employ"a"private"counsel."&
in"his"personal"capacity"&"should" establish"his"allegations.& • An"adverse"decision"does"not"ipso" • A"successful"litigant"who"prosecuted"
judgment"be"secured"and"latter" " facto"justify"their"award"in"favor"of" his"action"without"the"assistance"of"a"
pays,"the"latter"may"include"the" Defenses& the"winning"party.& private"counsel"is"not"entitled"to"
amount"in"his"account"file"with" • Action"for"recovery"of"attorney’s"fees" • Public"policy"requires"that"no"penalty" awards"of"attorney’s"fees."&
the"probate"court."& is"subject"to"usual"defenses"in" be"placed"on"the"right"to"litigate.& "
2. File"a"petition"with"the"probate" ordinary"action"such"as"res"judicata," " Award&of&attorney’s&fee&Discretionary&
court"praying,"after"due"notice"to" prescription,"nullity"of"contract"or" Fee&as&damages&recoverableT&Exception&to& • "Award"of"attorney’s"fees"is"
all"persons"interested,"allow"his" lack"of"attorney!client"relationship."& the&rule.& discretionary"on"the"part"of"the"court.&
claim"&"direct"the" & 1. When"there"is"agreement"of" • "But"the"exercise"of"such"discretion,"
administrator/executor"to"pay"his" &Execution& payment"of"such"fees"in"the" must"be"based"on"facts"appearing"on"
fees"as"expenses"of" • "The"final"award"of"attorney’s"fees" event"of"suit"to"enforce"a" the"text"of"the"decision."&
administration."& may"be"enforced"by"execution.& contract& • The"decision"must"state"the"reason"
• If"administrator/executor"dies"before" • It"may"be"enforced"against"any" 2. When"exemplary"damages"are" for"the"award"of"such"fees,"unless"the"
payment"of"fees,"he"may"file"a"claim" property"of"the"client"including"the" awarded& text"thereof"plainly"shoes"the"case"
against"the"estate"of"the"deceased" proceeds"of"the"judgment"secured"for" 3. Defendant’s"action"or"omission" comes"within"the"exceptions."&
administrator/executor"or"a"petition" the"client"in"main"action/& compelled"plaintiff"to"litigate."& • The"appellate"court"may"award"
for"allowance"of"fees"with"probate" " 4. Criminal"cases"of"malicious" attorney’s"fees"or"increase"or"reduce"
court.& E. ATTORNEY’S&FEES&AS&DAMAGES& prosecution& the"amount"thereof"whenever"the"
• A"lawyer"may"enforce"his"right"with" & 5. Action"is"clearly"unfounded& law"or"circumstances"require."&
the"probate"court"at"any"time"before" Two&concepts&of&attorney’s&fees&compared& 6. Defendant"acted"in"gross"&" "
the"estate"proceeding"is"definitely" Attorney’s&fees&as& Attorney’s&fees&as& evident"bad"faith& Pleading&and&Practice&
closed." Damages& compensation& 7. "Actions"for"support& • The"claim"for"attorney’s"fees"as"
Afterwards,"his"remedy"is"to"pursue" Awarded"by"the" Amount""to"be"paid" 8. Cases"of"recovery"of"wage& damages"and"the"ground"relied"upon"
an"independent"action"against"the" court"to"the" by"the"client"to"the" 9. Actions"for"indemnity"under" must"be"pleaded."&
administrator"in"his"personal"capacity" successful"party""as" lawyer"for"the" workmen’s"compensation"and" • In"the"absence"of"such"allegation,"it"
or"the"distributees"of"the"assets"of" an"indemnity"for" services"rendered"by" employer’s"liability"laws& will"not"be"granted."&
the"estate.& damages"sustained" the"latter."" 10. Separate"civil"action"arising"from" • It"must"be"proved"and"specifically"
& by"him"prosecuting" a"crime& prayed"for."&
Court&Jurisdiction& or"defending," &

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

& account"due"to"the" presupposes"that"a" Property&to&which&Lien&Attaches& • However,"the"court"may"require"the"

& attorney"from"his" favorable"judgment" • Retaining"Lien"attaches"to"all" surrender"thereof"upon"the"client’s"
CHAPTER&XIV& client"for"services" has"been"secured"for" property,"papers,"books,"documents" posting"of"an"adequate"bond"or"
rendered"in"all" the"client"in"the"case."" or"securities"of"the"client"that"may" security"to"guarantee"the"payment"of"
matters"which"he" " have"lawfully"come"to"the"lawyer" fees."
may"have"handled"for" professionally"or"in"the"course"of"his" "
the"client,"regardless" professional"employment,"not" Extinguishment&of&Retaining&Lien&
of"outcome." necessarily"in"connection"with"a" • The"lien"is"dependent"upon"
• "Rule%22.02%“%A%lawyer%who%withdraws%
"It"does"not"require" A"written"notice" particular"case"handled"for"the"client."" possession"and"does"not"attach"to"
notice"thereof"upon" thereof"to"his"client" • It"also"attaches"to"money"which" anything"not"in"possession"of"lawyer."&
the"client"and"the" and"to"adverse"party" comes"into"his"possession"by"way"of" • It"expires"when"the"possession"
adverse"party"to"be" is"necessary"to"be" writ"of"execution"ordered"by"the" lawfully"ends,"as"when"the"lawyer"
effective."" effective."" court."" voluntarily"parts"with"the"funds"etc"of"
"It"is"dependent"upon" "It"covers"only" • It"does"not"include"funds"or" the"client"OR"offers"them"in"evidence"
and"takes"effect"from" services"rendered"by" properties"which"come"into" in"court."&
the"time"of"lawful" an"attorney"in"the" possession"of"the"lawyer"in"another" • If"the"properties"were"illegally"taken"
possession." action"in"which"the" capacity"other"than"his"professional" from"the"custody"of"the"lawyer"the"
• Rule%16.03%of%the%Code%“%A%lawyer%
judgment"was" capacity,"such"as"an"agent"or"trustee."" lien"is"not"lost"UNLESS"by"his"act"or"
obtained"and"takes" • The"lien"does"not"extend"to" omission"he"waives"his"right"thereto.&
effect"only"after"he" properties"of"the"clients"principal,"or" • Mandamus"will"lie"to"restore"
shall"have"caused"a" those"adjudge"by"the"court"in"favor"of" possession"of"the"documents"
statement"of"his" the"client’s"adversary.& unlawfully"taken"from"him&
claim"entered"upon" Reason:""Lien"may"only"be"enforced"against" "
the"record"of"the" the"properties"belonging"to"the"client"and"not" Satisfaction&of&Lien&
particular"case."" to"those"of"his"adversary"or"belonging"to"third" • Unless"the"client"voluntarily"pays"him"
& persons."" his"fees"the"lawyer"still"has"to"file"the"
B. RETAINING&LIEN& • It"also"does"not"attach"to"documents" necessary"action"to"recover"what"is"
• The"rules"are"designed"to"insure"the"
& introduced"as"exhibits"in"court,"they" due"to"him"from"his"client.&
Nature&and&essence&of&retaining&lien& being"subject"to"court’s"control.& • The"lawyer"need"not"file"an"action"in"
• Retaining"lien"is"a"passive"right"and" " court"to"enforce"his"retaining"lien"and"
cannot"be"actively"enforced."& When&Lien&Attaches& recover"his"fees"if"the"client"does"not"
• It"amounts"to"a"mere"right"to"retain" • The"retaining"lien"attached"from"the" dispute"his"claim"for"attorney’s"fees."&
the"funds,"documents"&"paper"as" moment"the"attorney"lawfully" • In"such"case,"lawyer"may"apply"the"
against"the"client"until"the"lawyer"is" obtains"and"retains"possession"of"the" clients’"funds"in"satisfaction"of"his"
Retaining&Lien& Charging&Lien&&
fully"paid"for"his"fees."& properties"of"client."& claim"and"send"an"accounting"to"his"
Right"of"an"attorney" Right"which"the"
• The"inconvenience"that"may"cause" • The"fact"that"the"client"transfers"the" client"and"remit"the"balance,"if"any,"
to"retain"the"funds," attorney"has"upon"all"
the"client"as"a"result"of"the"retaining" property"evidenced"by"a"document"or" to"the"client."&
documents"&"papers" judgments"for"the"
lien"is"the"reason"and"essence"of"the" title"in"the"lawful"possession"of"the" • But"if"the"client"questions"his"claim"or"
of"his"client"which" payment"of"money"&"
lien.& attorney"does"not"defeat"the"lien."& the"amount"of"fees,"the"lawyer"
have"lawfully"come" executions"issued"in"
Requisites&for&Validity& & cannot"apply"the"funds."His"remedy"is"
into"his"possession"" pursuance"thereof,"
a. Attorney!client"Relationship" Bond&for&return&of&Documents& to"file"the"necessary"action."&
until"his"lawful"fees"&" secured"in"favor"of"
b. Lawful"Possession"by"the"lawyer"of" • The"retaining"line,"once"it"has"lawfully" &
disbursement"have" the"client.""
the"client’s"funds,"documents"and" attached"to"funds"etc."of"the"client,"is" C. CHARGING&LIEN&
papers"in"his"professional"capacity" uncontestable,"and"the"court"may"not" &
c. Unsatisfied"claim"for"attorney’s""fees" compel"him"to"surrender"them" Nature&and&essence&of&Charging&Lien&
or"disbursements."" without"prior"proof"that"his"fees"are" • Abstract"and"potential"right"until"it"is"
General"lien"for"the" Special"lien"in"a"
& already"paid." made"active"and"operative"by:&
balance"of"the" particular"case"&"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

a. recording"a"statement"of"claim"in" • The"notice"is"to"give"the"client"an" Effects&of&Charging&Lien& • The"satisfaction"of"Judgment"in"favor"

the"case"and;& opportunity"to"object"to"the"lien"or" • It"partakes"of"a"nature"of"collateral" of"the"client"does"not"by"itself"
b. "serving"notice"thereof"upon"the" amount"claimed"by"the"lawyer."& security"or"a"lien"on"real"or"personal" extinguish"the"charging"lien."&
client"and"adverse"party."& • If"the"client"dispute"it"the"court" property."" • The"satisfaction"may"only"extinguish"
• It"gives"the"lawyer"the"same"right"and" should"hear"the"parties"and" • It"follows"the"proceeds"of"the" the"lien"when"there"has"been"a"
power"as"the"client"over"such" determine"from"evidence"submitted" judgment"wherever"they"may"be"and" waiver"of"the"right"thereto"either"by"
judgment"&"execution"to"enforce"his" by"them"the"lawyer’s"right"to"the"lien" whoever"received"them.""" the"attorney’s"active"conduct"or"by"
right"and"secure"payment."""& as"well"as"to"the"amount"of"fees."& • The"lien"survives"the"death"of"the" his"passive"omission."&
• Based"on"natural"equity"that"a"client" • If"the"client"fails"to"contest"the"claim" client"and"need"not"be"enforced"in" "
should"not"be"allowed"to"appropriate" he"shall"be"liable"for"the"claim"even"if" the"proceeding"for"the"settlement"of" &
the"whole"judgment"in"his"favor" it"is"unjust.& the"client’s"estate."" Enforcement&
without"paying"the"services"of"his" • The"notice"to"the"adverse"party"is"to" & • "The"lien"may"be"enforced,"upon"
lawyer"in"obtaining"the"judgment.& bind"him"as"to"the"charging"lien,"once" & proper"motion,"by"execution."&
• It"is"a"personal"claim"enforceable"by" recorded,"being"a"stranger"to"the" Extinguishment&of&Charging&Lien& • It"may"be"enforced"against"the"client"
writ"of"execution."It"does"not"attach" contract"between"the"lawyer"and"his" • A"charging"lien"which"has"been" who,"for"receiving"the"proceeds"of"
to"the"property"in"litigation.& client."& recorded"before"the"case"has"been" the"judgment"without"paying"the"
• It"is"LIMITED"ONLY"to"money" • Otherwise,"the"adverse"party"may" decided"is"extinguished"when"the" services"of"his"lawyer,"holds"so"much"
judgments"and"not"to"any"other"kinds" not"be"held"liable"under"the"charging" client"loses"the"action"as"it"can"only" thereof"in"trust"of"the"lawyer."&
of"judgments"such"as"judgment"for" lien."& be"enforced"against"the"judgment"or" • It"may"also"be"enforced"against"the"
annulment"of"contract"or"delivery"of" • The"adverse"party"cannot"contest"the" execution"thereof."& judgment"debtor"who,"for"
real"property."& validity"of"the"lien"that"being"the" • The"remedy"of"lawyer"is"to"file"a" disregarding"the"charging"lien"
& concern"of"the"client."& separate"civil"action"for"recovery"of" properly"served"on"him,"becomes"
Requisites&for&Validity&of&Charging&Lien&& & fees.& liable"to"the"extent"of"the"lawyers"
a. Attorney!client"Relationship"& To&what&charging&lien&attaches& • A"client"cannot"defeat"the"lien"by"an" claim.&
b. Attorney"has"rendered"services"& • The"lien,"once"recorded,"attaches"to" adverse"action"on"his"part"such"as" "
c. A"money"Judgment"favorable"to" the"judgment"for"the"payment"of" terminating"the"service"of"lawyer," CHAPTER&XV&
the"Client"has"been"secured"in" money"and"the"execution"issued"in" dismissing"the"case"or"waiving"the"
pursuance"of"such"judgment."& cause"in"favor"of"the"adverse"party,"
d. Attorney"has"claim"for"attorney’s" • It"also"attaches"to"the"proceeds"of" unless"by"the"actions"of"lawyer"he"is"
fees"or"advances& the"judgment"in"favor"of"client"and" deemed"to"have"waived"it.""
e. Statement"of"his"claim"has"been" proceeds"of"compromise"settlement."& &
duly"recorded"in"the"case"with" • It"does"not"attach"to"property"or"land" Assignment&of&Charging&Lien&
! degree"of"vigilance"and"care"
notice"thereof"served"upon"to"the" in"litigation."& • Attorney’s"Charging"lien"may"be"
parties."& • It"is"restricted"to"the"amount" assigned"or"transferred"without"the"
• The"lawyer"asserting"the"lien"need" awarded"to"the"client"by"final" preference"thereof"being"
not"be"the"one"who"successfully" judgment."& extinguished"except"when"the"
concluded"the"action"for"the"client.& • Since"a"charging"lien"presupposes"a" assignment"carries"with"it"breach"of"
• It"is"sufficient"that"he"has"rendered" favorable"judgment"has"been" attorney’s"duty"to"preserve"his"
some"service"at"any"stage"of"the" obtained"for"the"client,"the"lawyer"for" client’s"confidence"inviolate."&
proceeding."& the"losing"party"in"a"suit"does"not" • The"assignee"steps"into"the"shoes"of"
! may"recover"damages"from"atty"if"
& acquire"a"charging"lien"in"the"action."& the"lawyer"and"enjoys"all"the"rights"
Recordal&and&Notice&of&lien& • A"lawyer"as"a"private"prosecutor" which"the"latter"has"in"the"charging"
• The"recordal"to"be"valid,"should"be" cannot"claim"a"charging"lien"upon"the" lien."&
! atty"not"liable"for"mere"error"of"
effected"while"the"court"has" judgment"of"dismissal"entered"in"a" "
jurisdiction"over"the"case"before"the" criminal"case;"his"remedy"being"a" Satisfaction&of&Judgment&
full"satisfaction"of"the"judgment.& separate"civil"action.& ! may"become"civilly,"criminally"
& and"administratively"liable"if"he"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

fails"to"return"client’s"money"or" a."causing"prejudice"to"client"through" court"or"judge"as"to" proceedings"before"the"same,"including"disrespect"

property"upon"demand,"such" malicious"breach"of"professional"duty"or" interrupt"proceedings;"no" toward"the"court,"offensive"personalities"toward"
failure"gives"rise"to"the" inexcusable"negligence"or"ignorance" formal"charge"required& others,"or"refusal"to"be"sworn"or"to"answer"as"a"
presumption"that"he" b."revealing"client’s"secrets"learned"in"the" o Indirect&or&constructive!" witness,"or"to"subscribe"an"affidavit"or"deposition"
misappropriated"the"same" lawyer’s"professional"capacity" committed"away"from"
! third"party"cannot"file" " the"court"involving" and"punished"by"a"fine"not"exceeding"two"
counterclaim"against"the"atty" ! “malicious”"implies"deliberate" disobedience"of"or" thousand"pesos"or"imprisonment"not"exceeding"
because"the"atty"is"not"a"party" intent"or"sinister"design"on"the" resistance"to"a"lawful" ten"(10)"days,"or"both,"if"it"be"a"Regional"Trial"
litigant"in"a"case"except"if"there"is" part"of"the"lawyer& writ,"process,"order"or" Court"or"a"court"of"equivalent"or"higher"rank,"or"
fraudulent"conspiracy"between" ! “inexcusable”"signifies"manifest" command"or"tending"to" by"a"fine"not"exceeding"two"hundred"pesos"or"
him"and"his"client,"the"judge"or" injustice"which"cannot"be" belittle,"degrade," imprisonment"not"exceeding"one"(1)"day,"or"both,"
some"other"person"which" explained"by"a"reasonable" obstruct"or"embarrass" if"it"be"a"lower"court."
frustrate"the"administration"of" interpretation& the"court;"requires"filing" Sec."2."Remedy"therefrom.""
justice" ! lawyer’s"guilt"must"be" of"a"formal"charge"in" The"person"adjudged"in"direct"contempt"by"any"
" established"beyond"reasonable" writing""and"an"
Libellous&words&in&pleadings;&privileged& doubt"to"hold"him"criminally" opportunity"for"person"to" prohibition."The"execution"of"the"judgment"shall"
communication& liable& be"heard& be"suspended"pending"resolution"of"such"petition,"
! generally"lawyers"are"exempted" & o Civil"–"failure"to"do" provided"such"person"files"a"bond"fixed"by"the"
from"liability"for"libel"or"slander" Other&acts&which&may&result&in&criminal& something"ordered"by" court"which"rendered"the"judgment"and"
for"defamatory"words"used"in"the" liability:& the"court"which"is"for"the" conditioned"that"he"will"abide"by"and"perform"the"
course"of"judicial"proceedings" ! representing"adverse"interests& benefit"of"one"party& judgment"should"the"petition"be"decided"against"
provided"such"statements"are" ! using"or"introducing"false" o Criminal"–"consists"of"any" him."
relevant"or"material"to"the"cause" evidence& conduct"directed"against" Sec."3."Indirect"contempt"to"be"punished"after"
at"hand& ! misappropriating"client’s"funds" the"authority"or"dignity"f" charge"and"hearing.""
! the"doctrine"of"privileged"" (estafa)& the"court&
communication"allows"lawyers"to" & & thereon"within"such"period"as"may"be"fixed"by"the"
speak"their"minds"freely"and" C.&CONTEMPT&OF&COURT& Acts&constituting&contempt& court"and"to"be"heard"by"himself"or"counsel,"a"
exercise"their"functions"without" & ! misbehaviour"in"the"performance" person"guilty"of"any"of"the"following"acts"may"be"
incurring"the"risk"of"criminal" Nature&and&purpose& of"duties& punished"for"indirect"contempt:"
prosecution& ! power"to"punish"for"contempt"is" ! advising"client"to"commit" (a)"Misbehavior"of"an"officer"of"a"court"in"the"
! matter"alleged"must"be" inherent"in"all"courts"and"is" contempt& performance"of"his"official"duties"or"in"his"official"
legitimately"related"or"so" essential"in"the"observance"of" ! disobedience"to"an"order"of"the" transactions;"
pertinent"to"the"subject"of"the" order"in"judicial"proceedings"and" court& (b)"Disobedience"of"or"resistance"to"a"lawful"writ,"
controversy& to"the"enforcement"of" ! publication"tending"to"impede"or" process,"order,"or"judgment"of"a"court,"including"
! privilege"does"not"cover" judgments,"orders"and"writs& embarrass"the"court"constitutes"
irrelevant"matter"that"is"libellous& ! should"be"exercised"on"the" criminal"contempt& or"process"of"any"court"of"competent"jurisdiction,"
" preservative"and"not"on"the" ! misleading"the"court"by"making" enters"or"attempts"or"induces"another"to"enter"
Liability&for&costs&of&suit& vindictive"principle,"and"on"the" false"allegation"or"introducing" into"or"upon"such"real"property,"for"the"purpose"
! may"be"held"liable"for"costs"if"atty" corrective"rather"than""retaliatory" false"evidence& of"executing"acts"of"ownership"or"possession,"or"in"
insists"on"the"client’s"patently" idea"of"punishment& ! unauthorized"practice"of"law& any"manner"disturbs"the"possession"given"to"the"
unmeritorious"case"or"interposed" & ! unlawful"retention"of"client’s" person"adjudged"to"be"entitled"thereto;"
appeal"merely"to"delay"litigation& Kinds&of&contempt:& funds& (c)"Any"abuse"of"or"any"unlawful"interference"with"
" ! direct"or"indirect& & the"processes"or"proceedings"of"a"court"not"
B.&CRIMINAL&LIABILITY& ! criminal"or"civil& RULE"71" constituting"direct"contempt"under"section"1"of"
CONTEMPT" this"Rule;"
& o Direct!"punished"
Section"1."Direct"contempt"punished"summarily."" (d)"Any"improper"conduct"tending,"directly"or"
Two&acts&penalized:& summarily"and"consists" indirectly,"to"impede,"obstruct,"or"degrade"the"
of"misbehaviour"in"the" A"person"guilty"of"misbehavior"in"the"presence"of"
or"so"near"a"court"as"to"obstruct"or"interrupt"the" administration"of"justice;"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

(e)"Assuming"to"be"an"attorney"or"an"officer"of"a" Sec."7."Punishment"for"indirect"contempt."" until"a"bond"is"filed"by"the"person"adjudged"in" essential"to"an"orderly"discharge"

court,"and"acting"as"such"without"authority;" If"the"respondent"is"adjudged"guilty"of"indirect" contempt,"in"an"amount"fixed"by"the"court"from" of"its"judicial"functions&
(f)"Failure"to"obey"a"subpoena"duly"served;" contempt"committed"against"a"Regional"Trial" which"the"appeal"is"taken,"conditioned"that"if"the" ! power"to"discipline"must"not"be"
(g)"The"rescue,"or"attempted"rescue,"of"a"person" Court"or"a"court"of"equivalent"or"higher"rank,"he" appeal"be"decided"against"him"he"will"abide"by" exercised"in"an"arbitrary"or"
or"property"in"the"custody"of"an"officer"by"virtue" may"be"punished"by"a"fine"not"exceeding"thirty" and"perform"the"judgment"or"final"order."
of"an"order"or"process"of"a"court"held"by"him." thousand"pesos"or"imprisonment"not"exceeding" Sec.12."Contempt"against"quasi!judicial"entities.""
But"nothing"in"this"section"shall"be"so"construed"as" six"(6)"months,"or"both."If"he"is"adjudged"guilty"of" "
to"prevent"the"court"from"issuing"process"to"bring" contempt"committed"against"a"lower"court,"he" Unless"otherwise"provided"by"law,"this"Rule"shall" ! it"is"not"only"the"courts"duty"to"
the"respondent"into"court,"or"from"holding"him"in" may"be"punished"by"a"fine"not"exceeding"five" apply"to"contempt"committed"against"persons," discipline"those"guilty"but"also"to"
custody"pending"such"proceedings." thousand"pesos"or"imprisonment"not"exceeding" entities,"bodies"or"agencies"exercising"quasi! protect"the"reputation"of"those"
Sec."4."How"proceedings"commenced."" one"(1)"month,"or"both."If"the"contempt"consists" judicial"functions,"or"shall"have"suppletory"effect" maliciously"or"frivolously"charged"
Proceedings"for"indirect"contempt"may"be" in"the"violation"of"a"writ"of"injunction,"temporary" to"such"rules"as"they"may"have"adopted"pursuant" by"summarily"dismissing"an"
initiated"motu"proprio"by"the"court"against"which" restraining"order"or"status"quo"order,"he"may"also" to"authority"granted"to"them"by"law"to"punish"for" unfounded"complaint&
the"contempt"was"committed"by"an"order"or"any" be"ordered"to"make"complete"restitution"to"the" contempt."The"Regional"Trial"Court"of"the"place" ! CA"and"RTC"may"also"exercise"
other"formal"charge"requiring"the"respondent"to" party"injured"by"such"violation"of"the"property" wherein"the"contempt"has"been"committed"shall" disciplinary"power"over"attys"
show"cause"why"he"should"not"be"punished"for" involved"or"such"amount"as"may"be"alleged"and" have"jurisdiction"over"such"charges"as"may"be"
contempt." proved." filed"therefor."
In"all"other"cases,"charges"for"indirect"contempt" The"writ"of"execution,"as"in"ordinary"civil"actions,"
shall"be"commenced"by"a"verified"petition"with" shall"issue"for"the"enforcement"of"a"judgment" sanction"after"giving"the"atty"the"
supporting"particulars"and"certified"true"copies"of" imposing"a"fine"unless"the"court"otherwise"
CHAPTER&XVI& opportunity"to"be"heard"on"
documents"or"papers"involved"therein,"and"upon" provides." SUSPENSION&AND&DISBARMENT& reasonable"notice;"they"cannot"
full"compliance"with"the"requirements"for"filing" Sec."8."Imprisonment"until"order"obeyed."" & disbar"a"lawyer"but"may"
initiatory"pleadings"for"civil"actions"in"the"court" When"the"contempt"consists"in"the"refusal"or" Generally& recommend"such"to"the"SC&
concerned."If"the"contempt"charges"arose"out"of" omission"to"do"an"act"which"is"yet"in"the"power"of" Practice"of"law"is"a"privilege"burdened"with" &
or"are"related"to"a"principal"action"pending"in"the" the"respondent"to"perform,"he"may"be"imprisoned" conditions:" Purpose&of&disciplinary&proceedings&
court,"the"petition"for"contempt"shall"allege"that" by"order"of"the"court"concerned"until"he"performs" ! adherence"to"rigid"standards"of" ! to"make"sure"that"lawyers"are"
fact"but"said"petition"shall"be"docketed,"heard"and" it."
mental"fitness" competent,"honourable"and"
decided"separately,"unless"the"court"in"its" Sec."9."Proceeding"when"party"released"on"bail"
discretion"orders"the"consolidation"of"the" fails"to"answer.""
! maintenance"of"highest"degree"of" reliable&
contempt"charge"and"the"principal"action"for"joint" When"a"respondent"released"on"bail"fails"to" morality" ! deter"other"lawyers"from"similar"
hearing"and"decision." appear"on"the"day"fixed"for"the"hearing,"the"court" ! faithful"compliance"with"rules"of" misconduct&
Sec."5."Where"charge"to"be"filed."" may"issue"another"order"of"arrest"or"may"order" the"legal"profession"" ! safeguard"the"administration"of"
Where"the"charge"for"indirect"contempt"has"been" the"bond"for"his"appearance"to"be"forfeited"and" ! regular"payment"of"IBP"fees" justice&
committed"against"a"Regional"Trial"Court"or"a" confiscated,"or"both;"and,"if"the"bond"be" ! any"breach"of"this"makes"him" ! preserve"purity"of"legal"
court"of"equivalent"or"higher"rank,"or"against"an" proceeded"against,"the"measure"of"damages"shall" unworthy"of"the"trust"and"confidence" profession"by"removing"those"
officer"appointed"by"it,"the"charge"may"be"filed" be"the"extent"of"the"loss"or"injury"sustained"by"the" the"courts"and"clients"repose"in"him" who"are"unworthy&
with"such"court."Where"such"contempt"has"been" aggrieved"party"by"reason"of"the"misconduct"for" ! misconduct"justifies"disciplinary" ! protect"the"court"and"the"public"
committed"against"a"lower"court,"the"charge"may" which"the"contempt"charge"was"prosecuted,"with"
action"against"him"or"withdrawal"of" from"misbehaviour"of"its"officers&
be"filed"with"the"Regional"Trial"Court"of"the"place" the"costs"of"the"proceedings,"and"such"recovery"
in"which"the"lower"court"is"sitting;"but"the" shall"be"for"the"benefit"of"the"party"injured."If"
the"privilege"to"practice"law" &
proceedings"may"also"be"instituted"in"such"lower" there"is"no"aggrieved"party,"the"bond"shall"be" " Administrative&cases&against&lawyers&a&class&
court"subject"to"appeal"to"the"Regional"Trial"Court" liable"and"disposed"of"as"in"criminal"cases." Authority&to&discipline& of&their&own&
of"such"place"in"the"same"manner"as"provided"in" Sec."10."Court"may"release"respondent."" ! Supreme"Court"has"the"ultimate" ! such"cases"are"distinct"from"and"
section"2"of"this"Rule." The"court"which"issued"the"order"imprisoning"a" disciplinary"power"over"attys& may"proceed"independently"of"
Sec."6."Hearing;"release"on"bail."" person"for"contempt"may"discharge"him"from" ! authority"stems"from"its" civil"and"criminal"cases&
If"the"hearing"is"not"ordered"to"be"had"forthwith," imprisonment"when"it"appears"that"public"interest" constitutional"prerogative"to" ! a"finding"of"liability"in"a"criminal"
the"respondent"may"be"released"from"custody" will"not"be"prejudiced"by"his"release." regulate"the"practice"of"law"and" case"will"not"necessarily"result"in"
upon"filing"a"bond,"in"an"amount"fixed"by"the" Sec."11."Review"of"judgment"or"final"order;"bond" the"admission"of"persons"to" liability"in"an"administrative"case&
court,"for"his"appearance"at"the"hearing"of"the" for"stay.""
engage"therein& ! neither"will"a"favourable"
charge."On"the"day"set"therefor,"the"court"shall" The"judgment"or"final"order"of"a"court"in"a"case"of"
proceed"to"investigate"the"charge"and"consider" indirect"contempt"may"be"appealed"to"the"proper"
! incidental"to"the"proper" disposition"in"a"civil"case"absolve"
such"comment,"testimony"or"defense"as"the" court"as"in"criminal"cases."But"execution"of"the" administration"of"justice"and" the"lawyer"from"administrative"
respondent"may"make"or"offer." judgment"or"final"order"shall"not"be"suspended" liability&

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

! burden"of"proof"in"these"cases" power"of"the"SC"to"suspend"or" o asking"client"to"plead" ! introducing"false"evidence&

are"different;"in"criminal"–"proof" disbar"lawyers& guilty"to"crime"he"did"not" o testifying"falsely&
beyond"reasonable"doubt,"in" ! Rule"138"of"the"Rules"of"Court" commit& o introducing"false"
administrative"–"clearly" Sec.%27.%Attorneys%removed%or% o instructing"witness"not"to" document&
preponderant"evidence& suspended%by%Supreme%Court%on% appear"in"court& Requisites:"
! no"prejudicial"question"in"these" what%grounds.%S%%A%member%of%the% o prosecuting"clearly" $ evidence"must"be"
cases& bar%may%be%removed%or% frivolous"cases"on"appeal& spurious"and"
! “Disbarment"proceedings"are" suspended%from%his%office%as% ! misleading"the"court& lawyer"knows"
undertaken"solely"for"public" attorney%by%the%Supreme%Court% o knowingly"making"false" such"infirmity&
welfare"and"the"sole"question"for" for%any%deceit,%malpractice,%or% allegations& $ "despite"such"
determination"is"whether"a" other%gross%misconduct%in%such% o misquoting"texts"in"a" knowledge"atty"
member"of"a"bar"is"fit"to"be" office,%grossly%immoral%conduct,% document& presents"it"to"
allowed"the"privilege"or"not."The" or%by%reason%of%his%conviction%of%a% o suppressing"material"and" court&
complainant"or"the"person"who" crime%involving%moral%turpitude,% vital"facts& o presenting"a"coached"
called"the"attention"of"the"court" or%for%any%violation%of%the%oath% o failing"to"inform"courts"of" witness"to"give"false"
is"in"no"sense"a"party,"and" which%he%is%required%to%take% any"subsequent" testimony&
generally"has"no"interest"in"the" before%admission%to%practice,%or% developments"in"the"case" o any"such"act"require"
outcome"except"as"all"good" for%a%wilfull%disobedience%of%any% which"may"render"case" discipline"irrespective"of"
citizens"may"have"in"the"proper" lawful%order%of%a%superior%court,% moot"and"academic& the"materiality"or"
administration"of"justice.”& or%for%corruptly%or%wilfully% o attributing"to"a"judge"a" immateriality"of"the"
& appearing%as%an%attorney%for%a% statement"which"he"did" untruthful"statement&
B.&GROUNDS&FOR&DISCIPLINE& party%to%a%case%without%authority% not"make& o Lawyer"owes"entire"
!"""grounds"for"disbarment"or" so%to%do.%The%practice%of%soliciting% o altering"factual"findings& devotion"to"his"client"but"
suspension"consist"of"acts"of" cases%at%law%for%the%purpose%of% o asserting"facts"which"he" not"at"the"expense"of"
misconduct"committed"BEFORE"and" gain,%either%personally%or%through% merely"expects"or"hopes" truth"because"his"first"
AFTER"admission"to"the"bar" paid%agents%or%brokers,% to"accomplish& duty"is"not"to"the"client"
o Requisites"that"must"concur" constitutes%malpractice.% ! forum"shopping& but"to"the"administration"
before"lawyer"may"be"suspended" " o constitutes"direct" of"justice.&
of"disbarred"for"acts"commited" Misconduct&committed&outside&Philippine& contempt"and"makes"atty" o lack"of"intent"to"deceive"
BEFORE"admission"to"practice:" jurisdiction& administratively"liable& in"the"presentation"of"the"
1. act"imputed"must"be"so" ! may"be"suspended"or"disbarred" ! filing"false"charges& false"evidence"will"still"
corrupt"and"false"as"to" in"this"country"if"the"act" o violation"of"lawyer’s"oath& subject"atty"to"liability"for"
constitute"a"criminal"act"or"so" committed"is"also"a"ground"for" o filing"a"groundless"charge" failure"to"exercise"care"
unprincipled"as"to"be" disciplinary"action"under" against"a"judge"despite" and"prevent"confusion"
reprehensible"to"a"high" Philippine"law& admonition"by"the"SC" and"delay"in"the"
degree" ! judgment"of"foreign"court"merely" violates"Canons"10!12& disposition"of"the"case&
2. act"must"established"by"a" constitutes"prima"facie"evidence" o to"warrant"disciplinary" ! Blackmail"–"extortion"of"money"
clearly"preponderant" of"unethical"acts"of"a"lawyer& action"it"must"be"shown" from"a"person"by"threats"of"
evidence" *Read"Velez"vs."De"Vera"p.%492% that:& accusation"or"exposure""or"
o Examples:"cheating"in"the"bar" & $ charges"were" opposition"in"the"public"prints&
exams,"securing"an"unauthorized" C.&BREACH&OF&DUTIES&TO&COURT& false"and"the"atty" o Violation"of"Canon"19"
reevaluation"of"his"bar"exam" Acts&constituting&such&breach:& knows"them"to" and"rule"19.01"of"the"
answers" ! obstruction"of"justice"and"abuse" be"so& Code"of"Professional"
" of"the"legal"process"& $ atty"still"filed"the" Responsibility&
! grounds"enumerated"are"not" o advising"client"to"escape" case"despite" CANON)19)L)A)LAWYER)SHALL)
exclusive"because"they"do"not" from"prison& knowing"such& WITHIN)THE)BOUNDS)OF)THE)
constitute"a"limitation"on"the" $ there"is"malice"or" LAW.Rule%19.01%S%A%lawyer%shall%
bad"faith& attain%the%lawful%objectives%of%his%

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

client%and%shall%not%present,% for"the"client,"there"is" ! cooperating"in"the"illegal"practice" 4. for"contracting"second"marriage"

to%present%unfounded%criminal% pending"litigation"and"the" of"law& while"first"marriage"was"still"
charges%to%obtain%an%improper% client’s"property"or" o forms"law"partnership" subsisting"
interest"is"involved" with"a"layman& 5. carrying"an"illicit"affair"with"a"married"
! wilfully"disobeying"court"orders"
therein" o notarizes"oath"of"office" woman"
o good"faith"is"not"a" as"a"lawyer"of"a"person" 6. for"raping"neighbor’s"wife"
o “wilfull”"conveys"the"idea"
defense"but"may"mitigate" who"failed"in"the"bar" "
liability" exams& Conviction&of&a&crime&involving&moral&
disposition"on"the"part"of" ! failing"to"account"or" o permits"non!lawyer"to" turpitude&
a"lawyer"so"refractory"in" misappropriating"client’s" sign"pleading"on"his" Moral"turpitude"means"anything"which"is"
property" behalf& done"contrary"to"justice,"honesty,"modesty"or"
! collecting"unreasonable"fees" ! non!payment"of"IBP"dues& good"morals"or"any"act"of"vileness"or"
o applying"client’s"money" & depravity"in"the"private"and"social"duties"that"
to"pay"his"unreasonable" F.&OTHER&GROUNDS&FOR&DISCIPLINE& a"man"owes"his"fellowmen"or"to"society,"
claim"for"work"done" NonTprofessional&misconduct,&generally& contrary"to"the"accepted"rule"of"right"and"
without"consent" ! lawyer"may"not"be"suspended"or" duty"between"man"and"man.""
! using"vicious"and"disrespectful"
o refusing"to"return"what" disbarred""and"the"court"may"not" ! in"general,"all"crimes"which"fraud"
he"collected"as"payment" ordinarily"assume"jurisdiction"for" or"deceit"is"an"element"or"those"
! continuing"practice"even"after"
for"services"which"he"did" misconduct"in"his"non! inherently"contrary"to"the"riles"of"
not"render" professional"or"private"capacity" right"conduct"involve"moral"
! acting"without"authority" unless"the"misconduct"is"so"gross" turpitude"
o may"be"disciplined"for" a"character"as"to"show"him"to"be" o estafa,"swindling,"
compromising,"settling," morally"unfit"for"the"office"and" falsification"of"public"
! negligence"in"the"performance"of"
dismissing,"waiving"or" unworthy"of"the"privilege"which" document,"smuggling,"
disposing"of"a"client’s" his"license"and"the"law"confer"on" bribery,"murder,"bigamy,"
cause,"property"or" him& abduction,"seduction,"
o violates"canon"18"which"
interest"without"prior"or" ! lawyer"must"always"be"a"person" concubinage"and"
subsequent"authority" of"good"moral"character& violation"of"BP"22"
diligence" from"the"client" & o conviction"for"homicide"
o ignorance"of"the"law"is"a" ! wilfully"appearing"without"being" Gross&immorality& may"or"may"not"involve"
retained" Immoral"conduct"is"that"conduct"which"is"so" moral"turpitude"
" wilful,"flagrant"or"shameless"as"to"show" depending"on"the"facts"of"
E.&BREACH&OF&DUTIES&TO&THE&BAR& indifference"to"the"opinion"of"good"and" the"case"(read"Soriano"vs."
Generally& responsible"members"of"the"community." Dizon"p.550)"
o pressure"and"large"
! unethical"conduct"is"that"which" Grossly"immoral"conduct"was"found"in"the" Other&acts:&
violates"the"rules"or"ethical"code" following"cases:" ! promoting"to"violate"or"violating"
of"the"legal"profession"or"which"is" 1. Living"adulterously"with"another" penal"laws&
unbecoming"of"a"member"of"the" woman"after"abandoning"legal"wife" ! misconduct"as"public"officer&
bar& 2. having"carnal"knowledge"of"a"woman" ! misconduct"as"notary"public&
" !""employment"of"unlawful"means"
Acts&that&may&be&disciplined:& under"promise"of"marriage"and" o notarizing"document"
" !"defrauding"client"
! defaming"fellow"lawyers& urging"her"to"have"an"abortion"and" permitting"husband"to"
" !"representing"adverse"interests"and"
! communicating"with"adverse" thereafter"marrying"another"woman" take"a"concubine&
alam"nyo"na"yan!)" party"(violates"Canon"9)& 3. misrepresenting"that"he"was"single" o authorizing"each"spouse"
" !"purchasing"client’s"property"in" ! encroaching"upon"business"of" when"in"fact"he"was"married"and" to"remarry&
litigation" another& succeeding"in"having"intercourse"with" o notarizing"in"the"absence"
o constitutes"malpractice" ! soliciting"business& her"and"thereafter"faking"a"marriage" of"the"affiant&
o requisites:"at"the"time"he" ! advertising& between"the"woman"and"his"son"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

o for"not"disclosing"that"the" o deter"the"press"from" o ex"parte"investigation"is" within"15"days"from"

person"who"signed"is"an" publishing"charges"or" allowed"only"if" receipt"of"ruling&
authorized"agent& proceedings& respondent"fails"appear" o if"IBP"ruling"is"for"
o notarizing"a"fictitious" ! confidentiality&may&be&WAIVED& despite"notice& suspension"or"
document& by&the&lawyer& o if"not"meritorious,"may" disbarment,"it"shall"be"
! not"paying"a"just"debt"and"issuing" & be"dismissed"by"the" transmitted"to"the"SC"for"
bouncing"checks& Who&and&how&instituted& Board"of"Governors"and"a" final"action."The"SC"will"
& ! by"the"SC"motu"proprio& copy"of"the"resolution"of" decide"the"case"either"by"
CHAPTER&XVII& ! by"the"IBP& dismissal"furnished"the" Division"or"En"Banc"in"
! upon"a"verified"complaint"of"any" complainant"and"the"SC& accordance"with"the"
PROCEDURE&FOR&DISCIPLINE&AND& person& o SC"may"review"the"case" following:&
REINSTATEMENT& ! All"charges"against"justices"of"CA" motu"proprio"or"upon" $ Suspension"for"1"
& and"Sandiganbayan"and"judges"of" timely"appeal"of"15"days" year"or"less"–"
! Suspension"or"disbarment"is" CTA""and"lower"courts"shall"be" from"notice& Division&
sometimes"described"as"a" filed"with"the"SC,"IBP"has"no" ! Report&of&investigator&and& $ more"than"1"year"
punishment,"as"a"necessary" jurisdiction& decision&of&the&Board& –"En"banc&
consequence"of"its"primary" ! must"allege"SPECIFIC"facts"which" o not"later"than"30"days" $ Fine"of"10,000"or"
object,"which"is"not"so"much"to" constitute"the"particular"breach" from"the"termination"of" less"–"Division&
punish"the"individual"atty"himself" or"violation"of"law"or"the"Code"of" the"investigation,"a" $ More"than"
as"to"safeguard"the" professional"responsibility& report"containing"the" 10,000"–"en"banc&
administration"of"justice"by" ! After&filing&of&complaint:& findings"of"facts"and" $ In"case"both"
protecting"the"court"and"the" o IBP"grievance" recommendations"shall" suspension"and"
public"from"the"misconduct"of" investigator"or"if"required" be"submitted"to"the"IBP" fine"are"involved,"
officers"and"to"remove"those" a"panel"of"3"investigators" Board"together"with" En"banc"if"
persons"who"are"unfit"to" will"ascertain"if"complaint" stenographic"notes," suspension"is"
continue"discharging"the"trust" is"meritorious& transcript"and"all"the" more"than"1"year"
reposed"in"them"as"members"of" o if"meritorious,"copy"to"be" evidence"presented"& and"fine"exceeds"
the"law.& served"upon"respondent" $ he"may" 10,000&
! an"investigation"by"the"court"into" requiring"him"to"answer" recommend" $ In"case"of"2"or"
the"misconduct"of"its"officer"or"an" within"15"days"from"date" exoneration," more"
examination"of"his"character& of"service& admonition," suspensions"of"
! desistance"or"withdrawal"of" o answer"shall"be"verified& reprimand,"fined," the"lawyer,"
complainant"does"not"exonerate" o original"and"5"copies"filed" suspension"or" service"of"the"
respondent& with"the"investigator"with" disbarment"as" same"is"
! a"complaint"for"disbarment"or" proof"of"service"on" the"evidence"may" successive"and"
suspension"is"imprescriptible& complainant"or"his" warrant& not"
& counsel& o the"decision"of"the"IBP" simultaneous.&
Proceedings&are&confidential&until&its&final& o upon"joinder"of"issues"or" Board"shall"be""in"writing"" o Maronilla"vs."Jorda"
determination.& failure"of"respondent"to" and"clearly"and"distinctly" "The"decision"of"the"IBP"only"
! Three"fold"purpose:& answer,"investigator"shall" state"facts"and"reasons" takes"effect"upon"its"
o to"enable"the"court"to" proceed"with"the" on"which"it"is"based& affirmation"or"modification"
make"its"investigation" investigation"of"the"case;" o complainant"may"file" by"the"SC"because"the"
free"from"any"extraneous" investigation"shall" motion"for" inherent"power"to"discipline"
influence"or"interference& terminate"within"3" reconsideration"with"the" members"of"the"Bar"belongs"
o to"protect"the"personal" months"unless"extended" IBP"board& to"the"SC"and"not"the"IBP."It"is"
and"professional" for"good"cause"by"the" o Petition"for"review"may" a"matter"of"routine"that"
reputation"of"attys"from" Board"upon"prior" be"filed"with"the"SC" decisions"of"the"IBP"are"
baseless"charges& application& automatically"elevated"to"the"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

SC"for"review"and"there"is"no" prosper"against"the"atty"because" ! death"of"the"atty"during"the" &

need"for"a"petition"to"be"filed" the"pardon"relieves"him"of"penal" pendency"of"the"case"renders"the" Reinstatement&
within"15"days"for"the"SC"to" consequences"but"does"not" action"moot"and"academic,"but" ! SC"has"exclusive"authority"to"
acquire"jurisdiction"over"the" restore"his"character& the"court"may"still"resolve"to" reinstate"disbarred"or"indefinitely"
matter." ! if"absolute"pardon"granted" clear"the"atty’s"name& suspended"lawyer&
! there"must"be"clear,"convincing" subsequent"to"disbarment," & ! such"reinstatement"does"not"
and"satisfactory"proof"and"he" reinstatement"not"automatic"and" Disciplinary&sanctions;&basic&considerations& become"final"as"it"may"be"
who"asserts"must"prove" depends"upon"the"circumstances" ! discretionary"upon"the"court& reopened"or"reconsidered"by"the"
" of"the"case"and"discretion"of"the" ! exercised"on"the"preservative"and" SC"upon"proper"petition"and"
Proceedings&in&the&SC&and&other&courts& court& not"on"the"vindictive"principle& satisfactory"evidence&
! may"refer"investigation"to"the"SC" ! conditional"pardon"does"not" ! Censure"or"reprimand"is"usually" ! rests"on"sound"discretion"of"the"
or"to"any"officer"of"the"court"or" operate"as"bar"to"disbarment" meted"out"for"an"isolated"act"of" court&
judge"of"lower"court" proceedings& misconduct"of"lesser"nature."& ! in"a"petition"for"reinstatement,"
! pending"final"resolution,"SC"may" & ! Disbarment"is"a"juridical"act"of" the"petitioner"must"allege"and"
suspend"the"respondent"from"the" Modifying&circumstances& withdrawing"the"privilege"to" prove"that"he"is"of"such"good"
practice"of"law" ! Mitigating:& practice"law,"is"the"most"severe" moral"character"acquired"through"
! CA"or"RTC"may"suspend"an"atty" o good"faith& sanction.& positive"efforts"and"moral"
after"due"notice"and"opportunity" o lack"of"material"damage& ! Suspension"is"correctional"in" reformation"as"to"be"fit"and"
to"be"heard,"until"further"action" o desistance"of" nature"and"may"be"for"a"definite" proper"person"to"practice"law,"
by"the"SC" complainant& or"indefinite"period."Suspension" and"that"he"possesses"such"
! failure"of"atty"to"submit"the" o youth"and"inexperience& for"an"indefinite"period"is"actually" mental"qualifications"as"to"enable"
required"explanation"constitutes" o error"in"judgment& a"qualified"disbarment,"meted" him"to"discharge"his"duties"
waiver"of"the"right"to"be"heard" o honest"and"efficient" out"for"a"specific"purpose" properly&
! res"ipsa"loquitur"applies;"trial" service"in"various"govt" desired."& ! quantum"necessary"for"
type"hearing"is"not"necessary"if" positions& ! Fine"is"a"sort"of"warning"that"a" reinstatement"is"same"as"that"for"
facts"of"record"sufficiently" o being"first"offense& lawyer"should"be"more"careful"in" admission&
provide"basis"for"determination" o admitting"mistake"and" the"discharge"of"his"duties.& ! the"court"in"reinstating"the"
of"the"liability" expressing"apologies& ! Admonition"is"a"gentle"and" lawyer"may"impose"certain"
" o explanation"and"plea"of" friendly"reproof,"a"mild"rebuke,"a" conditions"on"his"re!admission&
Defenses& forgiveness& warning.& "
! should"not"resort"to"technicalities" o clean"record"in"the"past& & "
when"the"facts"are"clear"and" ! Aggravating:& Effects&of&suspension&or&disbarment& CHAPTER&XVIII&
undisputed& o abuse"of"authority& ! self!executory"but"lawyer"may"
! deny"complainant’s"claim"only"if" o having"sex"with"the" still"appear"to"defend"himself"
in"good"faith& lawyer’s"relative& because"this"is"not"considered"as"
! should"accept"misdeeds"and"ask" o making"marriage"a" practice"of"law"but"an"exercise"of"
for"leniency"to"mitigate"liability& mockery& a"right&
! issued"by"the"DOJ"on"Aug."1,"1946"
& o was"previously" ! may"result"in"dismissal"from"govt"
! promulgated" the" canons" of"
Executive&pardon& disciplined& office"which"requires"
! absolute"pardon"is"a"bar"to"a" o defrauding"the"govt& membership"in"the"bar"as"an"
proceeding"for"disbarment"based" & indispensable"qualification&
solely"on"the"commission"of"the" Dismissal&of&the&case& ! judgment"always"subject"to"
! vested" in" the" Supreme" Court" the"
offense"because"lawyer"is" ! in"the"absence"of"clearly" change"or"modification"of"the"
administrative" supervision" over"
considered"as"innocent"and" preponderant"evidence,"it"should" court"regardless"of"period"that"
guiltless,"but"if"disbarment"is"not" be"dismissed& has"lapsed&
! The" Supreme" Court" adopted" the"
based"upon"the"commission"of" ! any"doubt"should"be"resolved"in" ! legislative"and"executive"branch"
Code" of" Judicial" Conduct"
the"pardoned"offense,"then" atty’s"favour& cannot"modify"the"sanction"
disciplinary"action"will"still" meted"out"by"the"court&

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
San&Beda&College&of&Law& A.Y.&2013T2014& San&Beda&College&of&Law& A.Y.&2013T2014&
Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

! Later" replaced" by" the" New" Code" ! Admnistration"of"justice"us"a"joint" the" statutes" and" procedural" for" a" suspected" drug" queen" and"
of" Judicial& Conduct& for& the& responsibility" of" the" judge" and" rules." interfered"with"her"prosecution."
Philippine& Judiciary" which" took" the"lawyer."" ! They" must" know" the" laws" and" ! A" judge" should" not" only" be"
effect"on"June&1,&2004." ! Their" relations" should" be" based" apply"them"properly"and"in"good" impartial," independent" and"
" on" mutual" respect" and" on" deep" faith." honest" but" should" also" be"
New&Code&of&Judicial&Conduct" appreciation"by"one"of"the"duties" ! He"must"be"conservant"with"basic" perceived"as"such."
! See" Agpalo" book" for" the" codal" of"the"other." legal" principles" and" well!settled" ! Fraternizing" with" litigants"
provisions"of"the"Canons" ! Upon" his" assumption" to" office," a" and"authoritative"doctrines." tarnishes"his"appearance."
" judge" becomes" a" visible" ! With" regard" to" his" fellow" judges," "
DEFINITIONS& representation" of" the" law" and" they" owe" each" other" utmost" A&judge&should&exhibit&the&cold&neutrality&of&
& more"importantly,"of"justice." respect" impartial&judge"
Court& Staff& !" & includes" the" personal" staff" of" " ! He" is" the" head" of" the" office" (his" ! While" a" judge" should" possess"
the"judge"including"the"law"clerks." Who&is&a&judge" sala)" tasked" with" supervising" the" proficiency"in"law"in"order"that"he"
" ! employed" to" designate" a" public" employees" who" by" their" can" competently" construe" and"
Judge&!"any"person"exercising"judicial"power," officer"selected"to"preside"and"to" functions"are"to"assist"him"in"the" enforce" the" law," it" is" more"
however"designated." administer" law" in" a" court" of" performance" of" his" judicial" important"that"he"should"act"and"
" justice." duties." behave"in"such"a"manner"that"the"
Judge’s&family&!"includes"judge’s"spouse,"son," ! He" bears" himself" in" the" ! He"should"organize"his"court"with" parties" before" him" should" have"
daughter," son!in!law," daughter!in!law," and" community" with" friends" but" a"view"to"prompt"and"convenient" confidence"in"his"impartiality."
any"other"relative"by"consanguinity"or"affinity" without"famiiars." dispatch" of" its" business" and" ! He" should," in" the" performane" of"
within"the"sixth&civil&degree,"or"person"who"is" ! He" is" a" symbol" of" rectitude" and" should" not" tolerate" abuses" and" his"functions,"avoid"side"remarks,"
a" companion" or" employee" of" the" judge" and" propriety," comporting" himself" in" neglect" of" clerks," sheriffs," or" hasty" conclusions," loose"
who"lives"in"the"judge’s"household." a" manner" that" will" receive" no" other"assistants."" statements" or" gratuitous"
" doubt" whatsoever" about" his" ! The" conduct" and" behavior" of" utterances" that" could" form" the"
• In" case" of" deficiency" or" absence" of" honesty." everyone" connected" with" the" basis" for" erroneous" impressions"
specific" provisions" in" this" New" Code,& ! He" is" a" public" officer" who," by" dispensation" of" justice" should" be" in" the" mind" of" those" who" hear"
the&Canons&of&Judicial&Ethics&and&the& virtue" of" his" office," is" clothed" circumscribed" with" the" heavy" them"and"who"may"conclude"that"
Code& of& Judicial& conduct& shall& be& with" judicial" authority" to" decide" burden"of"responsibility." he" is" prejudging" the" case" or" the"
applicable&in&a&suppletory&character." litigated" questions" according" to" ! Implicit% limits" include" accepted" issues" that" come" before" him" in"
" law." legal"values"and"the"explicit%limits" the"exercise"of"his"jurisdiction."
A. UPHOLDING&THE&INTEGRITY&AND& " are" substantive" and" procedural" ! He" should" refrain" from" doing"
INDEPENDENCE&OF&THE&JUDICIARY" What&a&judge&should&be,&generally& rules"of"law." essentially" police" work" that" may"
" ! a" judge" should" be" conscientious," " involve" prosecution" of" crimes"
Generally& studious," thorough," courteous," B. AVOIDING&IMPROPRIETY&OR& which" he" may" have" to" hear" and"
! The" preamble" of" the" Code" of" patient," punctual," just," impartial," APPEARANCE&THEREOF& decide."
Judicial" Conduct" capsulizes" what" fearless" of" public" clamor," and" & ! In"a"special&proceeding,"the"judge"
the"judiciary"should"be." regardless" of" private" influence," A&judge&should&be&free&from&impropriety&and& whose" order" is" under" attack" in"
! The" 5" canons" and" implementing" should" administer" justice" appearane&thereof"(Canon&2)" the"CA"is"merely"a"nominal&party."
rules" of" the" Code" require" what" according"to"law" ! Judges" may" conduct" themselves" "
judges"ought"and"ought"not"to"do" ! He" should" not" allow" outside" in"such"manner"that"they"give"no" Judge’s&demeanor&in&social&functions"
in" their" official" and" private" matter" or" his" private" interests" ground"for"reproach."They"should" ! A" judge" should" still" continue" to"
conduct," so" as" to" have" an" interfere" with" the" prompt" and" maintain" high" ethical" principles" mingle" in" social" intercourse," and"
honorable," competent" and" proper"performance"of"his"office." and"a"sense"of"propriety." that" he" should" not" discontinue"
independent"judiciary"and"enable" ! Judges" are" expected" to" keep" ! A"Justice"of"the"CA"did"not"live"up" his" interest" in" or" appearance" at"
them" to" achieve" its" ultimate" aim" abreast"of"all"laws"and"prevailing" to" these" expectations" when," meetings"of"members"of"the"bar."
–" to& promote& justice& by& jurisprudence." through" indiscretions," he" had" He" should," however," in" pending"
administering& it& fairly,& ! They" should" exhibit" more" than" been" mentioned" in" the" or" prospective" litigation" before"
impartially,&and&promptly." just" cursory" acquaintance" with" newspapers" of" having" lawyered" him," be" scrupulously" careful" to"

CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.& CHING,&Catherine&Anna&A.&||&ESPIRITU,&Maria&Nikka&N.&||&Guzman,&Anne&Clarisse&A.&
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avoid" such" action" as" may" ! A"judge"must"be"the"first"to"abide" ! He" should" not" interrupt" counsel" ! While" ex% parte" hearing" of"
reasonably" tend" to" waken" the" the" law" and" weave" an" example" in" their" arguments" except" to" applications" for" provisional"
suspicion" that" his" social" or" for" the" others" to" follow." He" clarify" his" mind" as" to" their" remedies" should" be" discouraged,"
business" relations" or" friendships" should," therefore," be" studiously" positions." a" judge" may" act" upon" such"
constitute" an" element" in" careful" himself" and" avoid" even" ! He" may" utilize" his" opportunities" application" only" where" the"
determining"his"judicial"action." the"slightest"infraction"of"the"law," to" criticize" and" correct" necessity"or"quick"action"is"clearly"
! A" judge" who" yields" to" the" lest"it"be"a"demoralizing"example" unprofessional" conduct" of" shwon" and" only" when" the" judge"
strength" of" the" “spirits”" and" acts" to"others." attorneys," brought" to" his" has" endeavored" to" counteract"
like" an" uninhibited" drunkard" in" a" ! A"judge"who"solemnizes"marriage" attention," but" he" may" not" do" so" the" effect" the" ansence" of" a"
public" place" demeans" his" judicial" without" a" marriage" license" in"an"insulting"manner." counsel."
office." deserves"administrative"sanction." & "
" ! A" judge" who" is" gulty" of" sexual" Judge& should& not& resort& to& intemperate& Undue&interference&in&questioning&witnesses"
C. PERFORMANCE&OF&DUTIES& harassment" or" unjust" vexation" is" language" ! What" is" proscribed" is" undue"
& unbecoming"of"a"judge." ! High!strung" and" belligerent" interference" by" proppunding"
Generally& " behavior" has" no" place" in" questions"to"the"witnesses"which"
! A" judge" should" be" attentive," Fitting&dignity&and&decorum" government" service" where" will"have"the"effect"of"or"will"tend"
impartial" and," since" he" is" to" ! This" norm" of" conduct" demands" government" personnel" must" act" to" build" or" bolster" the" case" for"
administer"the"law"and"apply"it"to" that" a" judge" should" show" no" with" self!restraint" and" civility" at" one"of"the"parties."
the" facts," he" should" be" studious" shortness" of" temper" which" all"times." "
of" the" principles" of" law," merely" detracts" from" the" ! He" should" refrain" from" conduct" Compulsory&disqualification&of&a&judge"
knowledgeable" in" procedural" equanimity" and" judiciousness" that" demeans" his" office" and" ! Sec& 1,& Rule& 137& of& the& Rules& of&
rules" and" diligent" in" endeavoring" that" should" be" the" constant" remember" that" courtesy" begets" Court:" “No" judge" or" judicial"
to"ascertain"the"fatcs." marks"of"a"dispenser"of"justice." courtesy." officer" shall" sit" in" every" case" in"
! He" mut" also" decide" cases" in" a" ! A" judge" should" not" permit" the" ! In" cases" where" a" judge" is" which" he," or" his" wife" or" child," is"
manner" free" from" any" suspicion" taking" of" pictures" in" the" court" required" to" file" his" comment" by" pecuniarily" interested" as" heir,"
as" to" fairness" and" impartiality" room," during" sessions" of" the" the" Supreme" Court," he" should" legatee,"creditor,"or"otherwise,"or"
and"as"to"his"integrity." court" or" recesses" in" between" not" employ" derogatory" or" in" which" he" is" related" to" either"
! His" language," both" written" and" sessions,"and"the"broadcasting"or" disrespect"language"to"emphasize" party" within" the" sixth" degree" of"
spoken," must" be" guarded" and" televising" of" court" proceedings" a"point." consanguinity" or" affinity," or" to"
measured," lest" the" best" of" for" the" detracts" from" the" " counsel"within"the"fourth"degree,"
intentions"be"misconstrued." essential" dignity" of" the" Questioning&witnesses" computed" according" to" the" rules"
" proceedings,"distract"the"witness," ! A" judge" may" properly" intervene" of"the"civil"law,"or"in"which"he"has"
A&judge&should&be&a&man&of&learning& degrade" the" court," and" create" in" the" presentation" of" evidence" been" executor," administrator,"
! A"judge"owes"it"to"the"public"and" misconceptions" with" respect" to" expedite" and" prevent" guardian," trustee," or" counsel," or"
to" the" legal" profession" to" know" thereto"in"the"mind"of"the"public." unnecessary" waste" of" time" and" in" which" he" has" presided" in" any"
the" very" law" he" is" supposed" to" " clarify" obscure" and" incomplete" inferior" court" when" his" ruling" or"
apply"to"a"given"controversy." Attitude& toward& lawyers,& litigants& or& details" after" the" witness" has" decision" is" the" subject" of" review,"
! He" should" be" studious" of" the" witnesses& given" direct" testimony" or" in" the" without"the"written"consent"of"all"
principles" of" law" and" diligent" ! A" judge" should" be" courteous" to" course"thereof." the" parties" in" interest," signed" by"
endeavoring" to" ascertain" the" counsel," especially" to" those" who" ! But"the"judge"should"limit"himself" them" and" entered" upon" the"
facts." are"young"and"inexperienced"and" to" asking" clarificatory" questions" record.”"
! The" learning" process" in" law" does" also"to"all"those"others"appearing" and"the"right"should"be"sparingly" ! “A" judge" may," in" the" exercise" of"
not" stop" upon" graduation" from" or" concerned" in" the" and"judiciously"used,"for"the"rule" his" sound" discretion," disqualify"
college"and"admission"to"the"Bar." administration" of" justice" in" the" is" that" the" court" should" stay" out" himself"from"sitting"in"a"case,"for"
It"is"a"continuing"process." court." of"it"as"much"as"possible." just" or" valid" reasons" other" than"
" ! He" should" be" considerate" of" ! A" judge" may" examine" or" cross! those"mentioned"above.”"
A&judge&should&be&a&visible&representation&of& witnesses" and" others" in" examine"a"witness." ! His" continuing" with" the" case,"
law&and&justice& attendance"upon"his"court." without"the"written"consent"of"all"

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Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)& Legal&and&Judicial&Ethics&Reviewer& & Legal&and&Judicial&Ethics&(2009&ed.)&
Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo& Chap%8%to%Chap%19& & By&Ruben&E.&Agpalo&

the" parties," has" the" following" ! Bias" and" lack" of" objectivity" as" a" all" matters" submitted" to" him," ! If" he" feels" that" a" law" or" doctrine"
effects:" ground" for" disqualification" of" a" especially" those" cases" which" the" enunciated"by"the"Supreme"Court"
o The" judge" is" deprived&q