PROBLEM AREAS IN LEGAL ETHICS

BASED ON THE LECTURES OF ATTY ARNOLD ABEJARON

2019 MANRESA III

Oath is a ground for disciplinary action or

THE LAWYER’S OATH
I, __________ , do solemnly swear that I will
maintain allegiance to the Republic of the
Philippines; I will support the Constitution
and obey the laws as well as the legal
orders of the duly constituted authorities
therein; I will do no falsehood nor consent
to the doing of any in court; I will not
wittingly or willingly promote or sue any
groundless false or unlawful suit or give aid
nor consent to the same; I will delay no
man for money or malice and will conduct
myself as a lawyer according to the best of
my knowledge and discretion with all
good fidelity as well to the courts as to my
clients; and I impose upon myself these
voluntary obligations without any mental
reservation or purpose of evasion. So help
me God.
Why is the lawyer’s oath important?
Well, as a lawyer, the lawyer’s oath reminds us of
our duties and responsibilities. It is said that the
Lawyer’s Oath encapsulates everything that is
found in the Lawyer’s Code of Professional
Responsibility:
disbarment. The Cannons are simply the
elaboration of the Lawyer’s Oath. That being the
case, the Lawyer’s Oath is also important when
you take the Bar Exam.
Sabi nga nila, kung hindi mo ma-memorize ang
buong Code of Professional Responsibility, i-
memorize mo nalang ang Lawyer’s Oath.
Depending on the problem given to you, gamitin
mo nalang yung utak mo, mamili ka doon kung
ano yung appropriate. Diba? Kasi Makita mo
man. Somehow, it is already close to common
sense eh. Diba?
A lawyer should not support any illegal activity.
So, if a lawyer supports any illegal activity and
you cannot memorize kung ano ba yung sinabi
sa Cannon 1, balik ka lang sa lawyer’s oath –
because a lawyer took an oath to obey the laws
as well as the legal orders of the duly constituted
authorities therein. Yun na yun. Kahit papano,
hindi ka na ma-zero.
Sa Legal Ethics, you memorize the Lawyer’s Oath.
You can never go wrong if you memorize the
Lawyer’s Oath.

1. Duty to the society - that’s why you have

there a lawyer would support the December 10, 2018
Constitution and obey the laws as well as A.J.M.
the orders of the duly constituted
authorities; COMMENT:

2. Duty of the lawyer to the profession  The duties of attorneys are also the duties
including that of the courts – that would
found in your lawyer’s oath.
mean you will not support any frivolous
case. In other words, groundless cases.
DUTIES OF ATTORNEYS (RULE 138, SECTION 20
And you would not also delay a man’s
RULES OF COURT)
cause for money or malice. That is why it
is said there that every lawyer must, to the
best of his knowledge and discretion,
a) To maintain allegiance to the Republic
perform his duty not only to the court but
of the Philippines and to support the
also to his clients.
Constitution and obey the laws of the
Philippines.
But being the case, as we have said, the
Lawyer’s oath encapsulates our duties and
responsibilities as stated in the Code of COMMENTS:
Professional Conduct such that violation of any
of the statements mentioned in the Lawyer’s

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2019 MANRESA III
1. We are expected as lawyers to
maintain allegiance to the Republic
of the Philippines – that is part of our
lawyer’s oath and to support its
Constitution.
2. In this regard, there is a difference
between a lawyer defending a rebel
and a lawyer supporting rebellion.
3. Supporting rebellion is against the
duty of a lawyer.
4. But if you defend a rebel it is a
different story. Because that is part of
an exercise of the duty of an
attorney.
5. There is a difference between a
lawyer who defends a criminal and a
lawyer who supports criminal
activities.
b) To observe and maintain the respect
due to the courts of justice and judicial
officers;
COMMENTS:
1. Don’t be like TRILLANES. Of course he
is not a lawyer. But I hope the lawyers
of TRILLANES would remind him at the
least.
2. It is not good to try to destroy the
image of our justice system. I am not
saying that our justice system is
perfect.
3. But it is a different story when we try to
do something that will also decrease
or lessen the confidence of the
people in our criminal justice or
judicial system. If you don’t like the
judges or what they do, there is a
proper avenue to deal with that kind
of problem.
4. I am pointing this out because if you
have been reading the news for the
past days, TRILLANES made a
comment that the court here in
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Davao City issued a warrant of arrest
against him. Of course a case was
filed against him naturally the course
of action would be to issue a warrant
of arrest against him. And then it
coincided with the day that one
Senator was also acquitted and now
he is making a comment that our
justice system is topsy-turvy. Baliktad
na daw ang justice system natin.
5. The problem with that kind of
comment if you are against extra-
judicial killing (EJK), you don’t say
that. Because that is a good
justification for people to proceed
with EJKs diba?
6. Sabi niyo da-anin natin sa korte tapos
wala naman pala tayong ma-
asahan sa korte eh tayo nalang ang
mag desisyon. Kaya bitaw may mga
Batman diba? Ano man yang story ni
Batman? If you analyze it from a
social-science lens, it reflects a
corrupt society. Meaning mag-file ka
ng kaso.. wala... mabayaran. Hawak
ng mga crime lords ang iyong justice
system. So ano ma-asahan mo? Di
ba? Kaya di ka mag sumbong sa pulis
mag-sumbong ka kay Batman.. buti
na lang may mga taong kagaya ni
Jim Gordon.. si Dare devil yan man
din story niya lawyer by day, vigilante
by night. Kasi alam man niya yung
problema ng justice system. Mag file
ka man dun sa korte, i release pa rin
naman yan.
7. Yung totoo nangyayari yan sa
Pilipinas pero kung gusto mo sabihin
na magkaroon ng respeto ang mga
tao sa judicial system natin, huwag
ma encourage yung EJK, ma issue-
han ka ng warrant tanggapin mo.
Hindi lang naman ikaw na issue-han
ng warrant dito sa Pilipinas di ba?
Harapin mo ang kaso hindi yung mag
sour-graping ka jan. Kuha ka ng
magaling na abogado kagaya nung
isang Senator diba?
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8. Anyway you maintain the respect
due to the courts of justice and
judicial officers.
9. Tapos meron na naman to na walang
tiwala sa chief justice natin.. so sino
na pagkatiwalaan?
10. Kung abogado ka wag kang ganun.
Yun yung sinasabi dito. Because nag
take ka man ng oath na irespeto ang
ating systema. There is a proper way
for venting out our sentiments so
huwag mong i-post sa facebook.
c) To counsel or maintain such actions or
proceedings only as appear to him to
be just, and such defenses only as he
believes to be honestly debatable
under the law.
COMMENTS:
1. The idea is we do not promote or sue
any groundless suit.
2. Yun yung sinasabi dito kasi yung
habol mo acceptance fee kahit
alam mo namang walang merit.
Basta ma file mo lang. Some lawyers
do that but sana wag mang-galing sa
inyo.
3. Duty natin tingin niyo na walang basis
mag file wag mo i force na mag file.
Prinsipyo lang ang paninindigan.
4. Ano nga yung sabi nila? Marumi yung
kamay mo? Di ba kung may
magpunta sa court .. you go to the
court with clean hands.
5. Why do we go to the court with clean
hands? Because clean hands are
good to see. Pero ang point dun is
yung IN PARE DELICTO principle.
6. “And such defenses only as believes
to be honestly debatable under the
law”... eto yung punto eh na sa mga
criminal cases for example it is not
against the law if a lawyer would
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defend a criminal becaused he is not
necessarily a criminal – just a person
accused of a crime. Kahit sabihin ng
client na totoong napatay niya hindi
ibig sabihin na wala ka ng defenses.
7. Again in our system, a person
accused of a crime is presument to
be innocent. That is a guarantee
provided in our Constitution. We have
to respect that.
8. Assuming that person really
committed something as a lawyer
ano yung mga possible defenses
allowed under the law. You can raise
the issue on illegal arrest. You can use
justifying or mitigating or exempting
circumstances.
d) To employ, for the purpose of
maintaining the causes confided to
him, such means only as are consistent
with truth and honor, and never seek to
mislead the judge or any judicial
officer by an artifice or false statement
of fact or law;
COMMENT:
1. Do not misquote cases. Halimbawa
gawa-gawa ka ng sarili mong
jurisprudence o kaya ng sarili mong
lawyer’s oath.
e) To maintain inviolate the confidence,
and at every peril to himself, to
preserve the secrets of his client, and to
accept no compensation in
connection with his client's business
except from him or with his knowledge
and approval;
COMMENTS:
1. This talks about lawyer-client privilege
communication rule. So we are
supposed to protect the secrets of our
client.
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 PROBLEM AREAS IN LEGAL ETHICS
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2019 MANRESA III

2. The secrets here of course pertain to COMMENT:

acts already committed.
1. Dini-delay mo yung kaso kasi meron
3. But if the client would want to commit kang nakukuha or you injure the right
a crime like “Atty. mamayang gabi of the other person.
may pasabogin ako” .. You have a
duty to disclose that to the proper
authorities. Because that is not h) Never to reject, for any consideration
covered under the privileged personal to himself, the cause of the
communication rule. defenseless or oppressed;

4. In fact you have the duty to tell your

client to respect and obey the law.
Otherwise you will be forced to sever
the relationship with the client.
f) To abstain from all offensive personality
and to advance no fact prejudicial to
the honor or reputation of a party or
witness, unless required by the justice
of the cause with which he is charged;
COMMENTS:
1. We abstain from all offensive
personality meaning while we defend
persons accused of committing a
crime, it does not mean that we
associate ourselves with criminals to
the point na ma-label ka na criminal
ka na rin. Kasali ka na sa Narco List.
May mga prosecutors and judges
dun and ang kanilang involvement
ay nila-laglag nila yung kaso.
2. Yun yung sinasabi ko na mahuli mo
nga yung drug trafficker ok lang yan
kasi yung pyansa approved. Ang
fiscal very powerful kasi siya man
magdecide anong charges. (nag
chika na si Sir about EJK and
Fernando Poe version sa
Probinsyano)
g) Not to encourage either the
commencement or the continuance of
an action or proceeding, or delay any
man's cause, from any corrupt motive
or interest;
COMMENT:
1. It will go back to the idea na hindi mo
tanggapin ang kaso kasi di ka
satisfied sa bayad. That is personal to
yourself.
i) In the defense of a person accused of
crime, by all fair and honorable means,
regardless of his personal opinion as to
the guilt of the accused, to present
every defense that the law permits, to
the end that no person may be
deprived of life or liberty, but by due
process of law.
COMMENTS:
1. Sometimes matakot ako magtanong
sa client ko kung nagawa mo ba
talaga o hindi. There are times where
I avoid asking that question specially
if I look at the person and he looks ...
2. As a lawyer of the accused yung
trabaho mo is to introduce
reasonable doubt. Problema na yan
ng prosecution. I mean sa systema
marami tayong role na dapat
gampanan. If na acquit yung
akusado, meaning yung nagkulang
yung prosecution sa kanyang
ebidensya. Huwag mo sisihin yung
judge agad-agad.

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LAW STUDENT PRACTICE RULE

(RULE 138-A, RULES OF COURT)
COMMENT:
1. For those students who might be doing
this now, there are duties expected of
you. And the duties expected of you are
those expected of a lawyer.
2.3 Any and all pleadings, motions,
briefs, memoranda or other papers
to be filed,
2.4 must be signed by the supervising
attorney for and in behalf of the
legal clinic.
Section 3. Privileged communications. —

2. You are covered by the lawyer-client
privilege rule. Yung mga nakukuha mo sa
legal aid na kwento yung mga shini-share
ng kliyente hindi mo dapat yan i-chismis
sa labas.
Section 1. Conditions for student practice. —
3.1 The Rules safeguarding privileged
communications between attorney and
client
3.2 shall apply to similar communications
made to or received by the law student,
acting for the legal clinic.

1.1 A law student who has successfully Section 4. Standards of conduct and
completed his 3rd year of the supervision. —
regular four-year prescribed law
curriculum and 4.1 The law student shall comply with
the standards of professional
1.2 is enrolled in a recognized law conduct governing members of
school's clinical legal education the Bar.
program approved by the
Supreme Court, 4.2 Failure of an attorney to provide
adequate supervision of student
1.3 may appear without practice may be a ground for
compensation disciplinary action. (Circular No. 19,
dated December 19, 1986).
1.4 in any civil, criminal or
administrative case

1.5 before any trial court, tribunal,

board or officer,

1.6 to represent indigent clients

accepted by the legal clinic of the
law school.

Section 2. Appearance. —

2.1 The appearance of the law student

authorized by this rule,

2.2 shall be under the direct

supervision and control of a
member of the Integrated Bar of
the Philippines duly accredited by
the law school.

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CODE OF PROFESSIONAL COMMENTS:

RESPONSIBILITY
1. Legal processes here would include
COMMENTS: court processes.

1. The CPR is the principal basis of the rules
of ethics for members of the bar who do
not belong to the judiciary.
2. There is a separate rule that governs
those who are members of the bench.
Yung Judicial Ethics.
3. Ganun din naman yung member ng
bench, at the end of the day you are still
a lawyer. So, if you ceased to be a judge
then you will become a lawyer and now
subject to the CPR.
2. A lawyer who does not obey court
orders can be subject of administrative
proceedings.
3. Remember the case of a former judge
who was sanctioned or penalized.. he
was dismissed from service because of
grossly-immoral conduct. And part of
the penalty was perpetual
disqualification to hold public office.
Then despite having penalized as such,
he accepted a position in the
government. In other words, he
violated a courd order. That being the
case, he was sanctioned.

4. The CPR also applies to lawyers in Rule 1.01 - A lawyer shall not engage in
government service except the unlawful, dishonest, immoral or deceitful
magistrates. It was the ruling of the SC in conduct.
one case.
Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at
5. The CPR was approved and lessening confidence in the legal system.
promulgated by the SC on June 21, 1988.
Rule 1.03 - A lawyer shall not, for any corrupt
6. Under the CPR, the lawyer has four-fold motive or interest, encourage any suit or
duties. proceeding or delay any man's cause.

a. Duty to the Society Rule 1.04 - A lawyer shall encourage his clients
to avoid, end or settle a controversy if it will
b. Duty to the Profession admit of a fair settlement.

c. Duty to the Courts

C A N O N 2
d. Duty to the Clients

*** Compared to the duty to our clients, CANON 2 – A lawyer shall make his legal
services available in an efficient and
the duty to our society is PRIMORDIAL.
convenient manner compatible with the
independence, integrity and effectiveness of
C A N O N 1 the profession.

Rule 2.01 - A lawyer shall not reject, except for

valid reasons, the cause of the defenseless or
CANON 1 - A lawyer shall uphold the
the oppressed.
constitution, obey the laws of the land and
promote respect for law of and legal
Rule 2.02 - In such cases, even if the lawyer
processes.
does not accept a case, he shall not refuse to

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render legal advice to the person concerned
if only to the extent necessary to safeguard the
latter's rights.
COMMENT:
1. Cases of conflict of interest or you are
not allowed to practice or appear, you
can only render legal advice on what
he or she should do.
Rule 2.03 - A lawyer shall not do or permit to be
done any act designed primarily to solicit legal
business.
COMMENT:
1. Ginagawa mong commercial activity
ang iyong law practice to the point na
naga promo kana
Rule 2.04 - A lawyer shall not charge rates
lower than those customarily prescribed unless
the circumstances so warrant.
COMMENTS:
1. Connected with Rule 2.03
2. But you are not prohibited like waiving
fees for example may nagpa notarized
para may pambayad sa hospital i libre
mo na lang hindi ka magpabyad..
C A N O N 3 any court or tribunal.
CANON 3 - A lawyer in making known his legal
services shall use only true, honest, fair,
dignified and objective information or
statement of facts.
COMMENTS:
1. This is part of you advertising yourself.
2. The best advertisement of a lawyer is a
satisfied client.
Rule 3.01 - A lawyer shall not use or permit the
use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair
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statement or claim regarding his qualifications
or legal services.
COMMENTS:
1. You can have a business card. Ilagay
mo yung contact information mo.
Pwede rin yung fields of specialization.
2. But let others say you are an expert ..
hindi ikaw ang mag guarantee na
100% approval ng petition kasi that’s
misleading
Rule 3.02 - In the choice of a firm name, no
false, misleading or assumed name shall be
used. The continued use of the name of a
deceased partner is permissible provided that
the firm indicates in all its communications that
said partner is deceased.
Rule 3.03 - Where a partner accepts public
office, he shall withdrawal from the firm and his
name shall be dropped from the firm name
unless the law allows him to practice law
concurrently.
COMMENTS:
1. Remember those under the law who
are allowed to practice law
concurrently
2. Are members of Congress allowes?
Yes. But they cannot appear before
Rule 3.04 - A lawyer shall not pay or give
anything of value to representatives of the
mass media in anticipation of, or in return for,
publicity to attract legal business.
COMMENTS:
1. Example when you are invited in media
programs, tv guestings it happens di
ba? There is no problem with that. You
should not give anything of value in
exhange of publicity .
2. Section 35. Certain attorneys not to
practice. — No judge or other official
or employee of the superior courts or of
the Office of the Solicitor General, shall
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engage in private practice as a
member of the bar or give professional
advice to clients. (RULE 138, SEC. 35,
RULES OF COURT)
C A N O N 4 COMMENT:
CANON 4 - A lawyer shall participate in the
development of the legal system by initiating
or supporting efforts in law reform and in the
improvement of the administration of justice.
C A N O N 5 which he had intervened while in said service.
CANON 5 - A lawyer shall keep abreast of legal
developments, participate in continuing legal
education programs, support efforts to
achieve high standards in law schools as well
as in the practical training of law students and
assist in disseminating the law and
jurisprudence.
C A N O N 6
CANON 6 - These canons shall apply to lawyers
in government services in the discharge of their
tasks.
Rule 6.01 - The primary duty of a lawyer
engaged in public prosecution is not to
convict but to see that justice is done. The
suppression of facts or the concealment of
witnesses capable of establishing the
innocence of the accused is highly
reprehensible and is cause for disciplinary
action.
COMMENTS:
1. The primary duty of a lawyer engaged
in public prosecution is not to convict –
the idea is to prosecute but you should
not be obsessed with the idea of
convicting the accused
2. If there is actually a reason to move for
its acquittal because the evidence so
dictates, then the prosecutor does not
violate if he does so.
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Rule 6.02 - A lawyer in the government service
shall not use his public position to promote or
advance his private interests, nor allow the
latter to interfere with his public duties.
1. Do not use your position to promote
your private interest.
Rule 6.03 - A lawyer shall not, after leaving
government service, accept engagement or
employment in connection with any matter in
COMMENT:
1. Concept of Delicadeza. Example you
are the prosecutor then after leaving
the service, you will now be the counsel
for the defense.
January 7, 2019
DANIEL BAJAO
CHAPTER II.
THE LAWYER AND THE LEGAL PROFESSION
C A N O N 7
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD
THE INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION AND SUPPORT THE ACTIVITIES OF THE
INTEGRATED BAR.
Rule 7.01 - A lawyer shall be answerable for
knowingly making a false statement or
suppressing a material fact in connection with
his application for admission to the bar.
Remember, when you apply for admission to the
bar, you will make a verified petition containing
all the necessary facts that will allow you to be
admitted to the bar. That will show your age,
citizenship, your other credentials as provided in
Rule 138 of the Rules of Court. All of them need
to be truthful statements. These are material
facts.
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There’s this case wherein a person put false
credentials. He assumed the identity of another
person. Basically, he lied because apparently he
was not qualified. When he was already a
lawyer, he entered into some scrupulous deals.
He was discovered and was stripped of his
license. Akala niyo sa pelikula lang ito
nangyayari? LOL!
Rule 7.02 - A lawyer shall not support the
application for admission to the bar of any
person known by him to be unqualified in
respect to character, education, or other
relevant attribute.
One of the requirements when you take the bar
is a certification from a member of the profession
wherein this person testifies that you are of good
moral character. Usually it’s your teachers who
will do this. Kapag gusto niyong magpa-pirma
tapos sinasabi ng teacher niyo na busy sila,
maybe that means ayaw niyang pirmahan.
Nakakatakot naman kasi license niya ang
nakataya.
Rule 7.03 - A lawyer shall not engage in
conduct that adversely reflects on his fitness to
practice law, nor shall he whether in public or
private life, behave in a scandalous manner to
the discredit of the legal profession.
There’s no distinction between the private and
public life of a lawyer. So if you will do something
scandalous, dapat discreet ka lang. Joke!
There’s this lawyer who was drunk driving then
parked in the middle of the road. He was
approached by a policeman and was
reprimanded. He boasted that he was a lawyer
and even punched the policeman. Don’t be like
this. If you’re drunk, then don’t drive. This is an
aggravating circumstance. You’re breaking the
law and you’re a lawyer.
C A N O N 8
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR
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TOWARDS HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
Rule 8.01 - A lawyer shall not, in his professional
dealings, use language which is abusive,
offensive or otherwise improper.
This is called professional courtesy. When dealing
with the opposing counsel, deal with them in
good faith. Don’t harass your fellow lawyer or his
clients.
In one of my cases, a client of mine wanted to
enter into amicable settlement so I spoke to the
opposing counsel. He told me to do it in writing
addressed to him and his client so I did. I had a
feeling they would settle. Afterwards, he
presented my letter in court saying that I was
pestering his client. Grabe. Binaliktad niya ako. I
was the one who felt harassed. Deal with your
fellow lawyers in good faith. Not like this.
Rule 8.02 - A lawyer shall not, directly or
indirectly, encroach upon the professional
employment of another lawyer, however, it is
the right of any lawyer, without fear or favor, to
give proper advice and assistance to those
seeking relief against unfaithful or neglectful
counsel.
If someone already has a lawyer and they come
to you for second opinion, it’s best to not deal
with them. Tell them to talk to their lawyer
because you are not allowed to encroach on
someone else’s employment.
The exception is when their lawyer is neglectful.
There are instances na kawawa ang client.
Natalo sa kaso kasi pinabayaan ng lawyer yung
case niya. That’s when you intervene. You can
already tell this person to disengage his counsel
and hire another lawyer. But if his lawyer is not
negligent, don’t interfere.
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C A N O N 9 (A) Example: You provide legal services and
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any
task which by law may only be performed by
a member of the bar in good standing.
An exception to this is the Law Student Practice
Rule. The supervising lawyer can ask you to draft
a pleading, motion or memoranda or any other
legal document but only the lawyer will sign. This
is allowed. What is not allowed is when a lawyer
asks his secretary to draft, sign and notarize a
document on his behalf. Notarization is already
practice of law.
Rule 9.02 - A lawyer shall not divide or stipulate
to divide a fee for legal services with persons
not licensed to practice law, except:
(a) Where there is a pre-existing agreement
with a partner or associate that, upon the
latter's death, money shall be paid over
a reasonable period of time to his estate
or to persons specified in the agreement;
or
(b) Where a lawyer undertakes to complete
unfinished legal business of a deceased
lawyer; or
(c) Where a lawyer or law firm includes non-
lawyer employees in a retirement plan
even if the plan is based in whole or in
part, on a profit-sharing agreement.
In one case, a lawyer tells his financial analyst
that for every Temporary Restraining Order that
we get, I’ll give you 50,000 pesos. Eventually it
accumulated to millions and the financial analyst
filed a collection suit against the lawyer. The
Supreme Court said in that case that the
agreement is contrary to this rule. The analyst has
no basis for his claim.
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subsequently you die. Those earnings should still
go to you but it will now go to your estate or heirs.
(B) Example: You will just replace the deceased
lawyer and finish the case. Then you are entitled
to legal fees.
(C) Example: So here, we have now non-lawyers.
Take note, this only applies to retirement plans.
CHAPTER III.
THE LAWYER AND THE COURTS
C A N O N 1 0
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.
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 Court
to be misled by any artifice.
That’s self-explanatory.
Rule 10.02 - A lawyer shall not knowingly
misquote or misrepresent the contents of a
paper, the language or the argument of
opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision
already rendered inoperative by repeal or
amendment, or assert as a fact that which has
not been proved.
You’re not allowed to cite a non-existent case.
Sabihin mo Supreme Court decision tapos
imbento mo lang pala. You’re also not allowed
to use as basis a repealed or amended law.
Swerte ka kung maniwala sayo si judge. If you do
this, you’ll be subject for disciplinary action. Our
laws constantly change. It’s your duty as a lawyer
to update yourself. That‘s why we have
Mandatory Continuing Legal Education. There
are lawyers who don’t attend MCLE kasi mas-
matalino pa daw sila sa lecturer. Dapat humble
ka lang.
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Rule 10.03 - A lawyer shall observe the rules of
procedure and shall not misuse them to defeat
the ends of justice.
There’s this lawyer who was able to delay a case
for 38 years. He filed motions after motions. It was
already dilatory. Remember, justice delayed is
justice denied.
C A N O N 1 1
CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS AND
TO JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.
As a lawyer, you are duty bound to respect our
Judicial system and our Judicial officers. Our
system isn’t perfect but that doesn’t mean you’re
allowed to say things which will discredit it. You’re
a lawyer. Don’t be the reason why someone
loses faith in our justice system.
Rule 11.01 - A lawyer shall appear in court
properly attired.
Dress decently. Justice Bersamin issued a
statement on our Dress Code. Court employees
are required to be in a collared shirt. If you’re a
female lawyer, don’t show up in Court in a mini-
skirt or with a plunging neckline. There are judges
who give fines if you show up in Court and
dressed lazily. If you’re going to wear a barong,
don’t pair it up with jeans.
Rule 11.02 - A lawyer shall punctually appear
at court hearings.
Respect the time of others. Bahala na if late is
judge basta hindi lang ikaw.
Rule 11.03 - A lawyer shall abstain from
scandalous, offensive or menacing language
or behavior before the Courts.
There’s this lawyer who made remarks about a
judge saying “You’re stupid. Kampon ka ni
satanas” because he was not happy with the
judgment. He said “It was penned and dictated
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by the devil”. If you’re not happy with the
decision, just be quiet. You are entitled to a
motion for reconsideration or an appeal, but
you’re not allowed to say these things.
Rule 11.04 - A lawyer shall not attribute to a
Judge motives not supported by the record
or have no materiality to the case.
If the judge was biased with his decision and you
have basis or evidence, then file an
administrative case. Hindi yung pupunta ka sa
media tapos you’ll say bad things about the
judge. An example is the Graft and Corruption
case of Bong Revilla. He was acquitted and you’ll
say “Wala na talaga pagasa ang Pilipinas”. Ikaw
na lang magjudge. Trillanes has a libel case filed
here in a Davao City Trial Court. Tapos sabi niya
sa media na biased ang judges dito kasi hawak
ni Duterte. That’s not fair. He has no basis.
Rule 11.05 - A lawyer shall submit grievances
against a Judge to the proper authorities
only.
Our Judicial system is not perfect. If you have an
issue, file an administrative case. Hindi yung
punta ka sa media.
C A N O N 1 2
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT
AND CONSIDER IT HIS DUTY TO ASSIST IN THE
SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.
Rule 12.01 - A lawyer shall not appear for trial
unless he has adequately prepared himself on
the law and the facts of his case, the evidence
he will adduce and the order of its preference.
He should also be ready with the original
documents for comparison with the copies.
Always come to Court prepared. Remember
that when you present certain things in court,
there are a required number of copies that you
need to submit. The original copy is with you and
you submit one photocopy to the judge and one
to the opposing counsel. There’s this lawyer who
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went to Court and brought only the original
copy. When he was asked to submit the other
copies during trial, doon lang siya nagpa-
photocopy. When you come to Court, dapat
prepared ka na.
Rule 12.02 - A lawyer shall not file multiple
actions arising from the same cause.
We all know this. This is the prohibition on Forum
Shopping.
Rule 12.03 - A lawyer shall not, after obtaining
extensions of time to file pleadings,
memoranda or briefs, let the period lapse
without submitting the same or offering an
explanation for his failure to do so.
Rule 12.04 - A lawyer shall not unduly delay a
case, impede the execution of a judgment or
misuse Court processes.
Remember to be conscious of the deadline.
Don’t be a lawyer who keeps asking for
postponement or extension of time.
Rule 12.05 - A lawyer shall refrain from talking
to his witness during a break or recess in the
trial, while the witness is still under examination.
This is to prevent coaching. You don’t coach your
witness because you should only orient your
witness. Don’t teach your witness what to say.
Just ask them to tell the truth.
Rule 12.06 - A lawyer shall not knowingly assist
a witness to misrepresent himself or to
impersonate another.
This is actually misleading the Court.
Rule 12.07 - A lawyer shall not abuse,
browbeat or harass a witness nor needlessly
inconvenience him.
I normally tell my clients and witnesses that if they
feel harassed during trial, just give me the signal
and I will object. They have the right not to feel
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harassed by the opposing counsel. Meron kasi
lawyers na isog masyado. Pasigaw-sigaw tapos
tignan ka ng masama. Meron talaga mga
lawyers na best in acting. When it comes to
witnesses, you just want to elicit information from
them. Why shout?
Rule 12.08 - A lawyer shall avoid testifying in
behalf of his client, except:
(a) on formal matters, such as the mailing,
authentication or custody of an
instrument, and the like; or
(b) on substantial matters, in cases where his
testimony is essential to the ends of
justice, in which event he must, during his
testimony, entrust the trial of the case to
another counsel.
Take note. There are technical matters wherein
only the lawyer has knowledge.
Example: The client will hire you tapos he asks you
to write a demand letter to the other party.
Malay ba ng client kung ano laman ng letter or
kelan mo sinend yung demand letter. He doesn’t
know the exact details so the lawyer will testify.
So if you are the one who drafted the questioned
document and you need to be in the witness
stand, there will be another lawyer who will take
your place. These are things that cannot be
explained by the client.
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January 14, 2019
VICCO PIODOS
CANON 13
CANON 13
A LAWYER SHALL RELY UPON THE MERITS OF HIS
CAUSE AND REFRAIN FROM ANY IMPROPRIETY
WHICH TENDS TO INFLUENCE, OR GIVES THE
APPEARANCE OF INFLUENCING THE COURT.
Rule 13.01
A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity
for cultivating familiarity with Judges.
Rule 13.02
A lawyer shall not make public statements in
the media regarding a pending case tending
to arouse public opinion for or against a party.
Rule 13.03
A lawyer shall not brook or invite interference
by another branch or agency of the
government in the normal course of judicial
proceedings.
DISCUSSION:
CANON 13 - A LAWYER SHALL RELY UPON THE
MERITS OF HIS CAUSE AND REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE OF INFLUENCING THE
COURT.
So along this line, we are reminded that
when handle cases we should rely on the merits
this is to remind us not to be overly familiar with
the judges. I mean this is a reminder for us to draw
a line between friendship and professionalism.
We should always remember to draw that line. I
think would really be an insult to the judge if a
lawyer would keep on harping things on the basis
of friendship. Thus, we should always give respect
to the judge when sitting as one in court.
Rule 13.01 - A lawyer shall not extend
extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
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Yung mga mahilig magpadala ng pizza
kay judge. Yung malakas magpalakas ba kay
judge. Thus, when you become a Judge you’ll
live a life of a monk in order to preserve the
integrity of the Judiciary.
Rule 13.02 - A lawyer shall not make public
statements in the media regarding a pending
case tending to arouse public opinion for or
against a party.
The sub judice rule restricts comments
and disclosures pertaining to the judicial
proceedings in order to avoid prejudging the
issue, influencing the court, or obstructing the
administration of justice. A violation of this rule
may render one liable for indirect contempt
under Sec. 3(d), Rule 71 of the Rules of Court, 4
which reads:
Section 3. Indirect contempt to be
punished after charge and hearing. – x x x
a person guilty of any of the following acts
may be punished for indirect contempt:
xxx
(d) Any improper conduct tending, directly
or indirectly, to impede, obstruct, or
degrade the administration of justice [.]
A good example would be the case of former
Chief Justice Sereno, where in as matter of fact
she was defending herself by informing and
asking the sympathy of the public. In doing so,
she however failed to prevent herself discussing
matters which are part of a case pending in the
court. Her words were implying that is she lose her
case, the Supreme Court is not independent
influenced by the Administrative. The lesson here
is once the case is filed and pending, we should
stop on making comments. We can give our
opinion, at the right time. Criticize the decision
not the judges! Remember Trillanes’ case? It
dealt not the merit but on the personalities of the
judges.
Rule 13.03 - A lawyer shall not brook or invite
interference by another branch or agency of the
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government in the normal course of judicial
proceedings.
If you can see, our appointment system
with regard Judges, is politicize (utang na loob).
That is determined by the Executive. That is
exactly the challenge here to tailor the choice of
our Judges who are independent. Our
appointment system does not insulate the
Judiciary leaving it no choices at all. Judiciary’s
Fiscal Autonomy for example is a mechanism to
really draw a line between the Branches of the
Government. It is giving the Judiciary the
independence to decide on its own fiscal
matters, away from the control of the other
branches.
CHAPTER IV.
THE LAWYER AND THE CLIENT
CANON 14
CANON 14 - A LAWYER SHALL NOT REFUSE HIS
SERVICES TO THE NEEDY.
Rule 14.01 - A lawyer shall not decline to
represent a person solely on account of the
latter's race, sex. creed or status of life, or
because of his own opinion regarding the guilt
of said person.
Rule 14.02 - A lawyer shall not decline, except
for serious and sufficient cause, an
appointment as counsel de officio or as
amicus curiae, or a request from the
Integrated Bar of the Philippines or any of its
chapters for rendition of free legal aid.
Rule 14.03 - A lawyer may not refuse to accept
representation of an indigent client if:
(a) he is not in a position to carry out the work
effectively or competently;
(b) he labors under a conflict of interest
between him and the prospective client or
between a present client and the prospective
client.
Rule 14.04 - A lawyer who accepts the cause
of a person unable to pay his professional fees
shall observe the same standard of conduct
governing his relations with paying clients.
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DISCUSSION:
CANON 14 - A LAWYER SHALL NOT REFUSE HIS
SERVICES TO THE NEEDY.
So yung needy dito ha is yung
“nangangailangan” dahil walang pera pang
gastos for a case di yung dahil walang pagkain.
Rule 14.01 - A lawyer shall not decline to
represent a person solely on account of the
latter's race, sex. creed or status of life, or
because of his own opinion regarding the guilt of
said person.
Bottom-line here is we lawyers are not judges.
Even if we believed at some instance that you
client is somehow guilty we should still extend our
legal services to give that person his day in court,
be meted with the right penalty, and be
accorded DUE PROCESS.
Rule 14.02 - A lawyer shall not decline, except for
serious and sufficient cause, an appointment as
counsel de officio or as amicus curiae, or a
request from the Integrated Bar of the Philippines
or any of its chapters for rendition of free legal
aid.
Di ka man din maka-decline, ano sabihin mo?
AYOKO JUDGE? So if ayaw mo, magtago ka.
Rule 14.03 - A lawyer may not refuse to accept
representation of an indigent client if (IT SHOULD
BE: unless):
(a) he is not in a position to carry out the work
effectively or competently;
(b) he labors under a conflict of interest between
him and the prospective client or between a
present client and the prospective client.
(SELF EXPLANATORY)
Rule 14.04 - A lawyer who accepts the cause of
a person unable to pay his professional fees shall
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observe the same standard of conduct
governing his relations with paying clients.
The idea here is the ATTITUDE regardless of the
fees paid. You should always render the same
EFFORT to the CLIENT regardless of the payment.
No discrimination at all. You should always
remember to “DELAY NO MAN FOR MONEY OR
MALICE”. IT IS ACTUALLY A PROBLEM AREA.
C A N O N 1 5
CANON 15 - A LAWYER SHALL OBSERVE
CANDOR, FAIRNESS AND LOYALTY IN ALL HIS
DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.
Rule 15.01. - A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable whether the matter would involve
a conflict with another client or his own interest,
and if so, shall forthwith inform the prospective
client.
Rule 15.02.- A lawyer shall be bound by the rule
on privilege communication in respect of
matters disclosed to him by a prospective
client.
Rule 15.03. - A lawyer shall not represent
conflicting interests except by written consent
of all concerned given after a full disclosure of
the facts.
Rule 15.04. - A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
Rule 15.05. - A lawyer when advising his client,
shall give a candid and honest opinion on the
merits and probable results of the client's case,
neither overstating nor understating the
prospects of the case.
Rule 15.06. - A lawyer shall not state or imply
that he is able to influence any public official,
tribunal or legislative body.
Rule 15.07. - A lawyer shall impress upon his
client compliance with the laws and the
principles of fairness.
Rule 15.08. - A lawyer who is engaged in
another profession or occupation concurrently
with the practice of law shall make clear to his
client whether he is acting as a lawyer or in
another capacity.
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DISCUSSION:
CANON 15 - A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS.
Rule 15.01. - A lawyer, in conferring with a
prospective client, shall ascertain as soon as
practicable whether the matter would involve a
conflict with another client or his own interest,
and if so, shall forthwith inform the prospective
client.
That’s the first thing you should do when you
accept clients. You should really ascertain sino
ang kalaban mo. You should really ascertain first
any possibilities of a conflict of interest.
Rule 15.02.- A lawyer shall be bound by the rule
on privilege communication in respect of matters
disclosed to him by a prospective client.
We will discuss everything about the boundaries
and protocols about privilege communication.
Lahat ba ng sinasabi sa lawyer ay Privelege?
Rule 15.03. - A lawyer shall not represent
conflicting interests except by written consent of
all concerned given after a full disclosure of the
facts.
GENERAL RULE: A lawyer shall not represent
conflicting interests.
EXCEPTION: by written consent of all concerned
given after a full disclosure of the facts.
Rule 15.04. - A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.
IF IN CASE YOU WILL HAVE 2 CLIENTS THAT CLASH
WITH EACH OTHER, WE LAWYERS ARE NOT
PROHIBITED FROM MEDIATING.
LAWYERS should really be skilled in mediation and
counseling.
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Rule 15.05. - A lawyer when advising his client,
shall give a candid and honest opinion on the
merits and probable results of the client's case,
neither overstating nor understating the
prospects of the case.
(Recitation)
If you’re client will be charged of murder then
ask: May pag-asa ba ako maka-labas or maka-
pyansa?
SIR: GR. NO but pwede nating subukan. File tayo
ng petition for Bail if the evidence of guilt is not
strong. Again, Pwede nating subukan, pero wag
kang umasa. In other words di ka talaga mag
bigay ng guaranty. If mag-ask ng “ kailan? “ di
natin yan alam kasi di natin hawak ang utak ng
huwes. Do not ever give false hopes.
Rule 15.06. - A lawyer shall not state or imply that
he is able to influence any public official, tribunal
or legislative body.
“We are not guarantors of outcome but of best
efforts”
Rule 15.07. - A lawyer shall impress upon his client
compliance with the laws and the principles of
fairness.
What does it mean? You, lawyer must not be the
one to promote to your client to violate any laws.
Rule 15.08. - A lawyer who is engaged in another
profession or occupation concurrently with the
practice of law shall make clear to his client
whether he is acting as a lawyer or in another
capacity.
For example you are a CPA? You make it clear
what profession are you performing of?
YOU CLARIFY.
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C A N O N 1 6
CANON 16 - A LAWYER SHALL HOLD IN TRUST
ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS PROFESSION.
Rule 16.01 - A lawyer shall account for all
money or property collected or received for or
from the client.
Rule 16.02 - A lawyer shall keep the funds of
each client separate and apart from his own
and those of others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and
property of his client when due or upon
demand. However, he shall have a lien over
the funds and may apply so much thereof as
may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly
thereafter to his client. He shall also have a lien
to the same extent on all judgments and
executions he has secured for his client as
provided for in the Rules of Court.
Rule 16.04 - A lawyer shall not borrow money
from his client unless the client's interest are fully
protected by the nature of the case or by
independent advice. Neither shall a lawyer
lend money to a client except, when in the
interest of justice, he has to advance
necessary expenses in a legal matter he is
handling for the client.
DISCUSSION:
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT THAT
MAY COME INTO HIS PROFESSION.
Ito, marami ito.
Rule 16.01 - A lawyer shall account for all money
or property collected or received for or from the
client.
Lalo na sa collection cases di naman yan
nagaharap ang client, abogado lang yan. Then
magsabi ka ang daming pera ng abogado pero
di yan sa kanya sa Client yan.
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Rule 16.02 - A lawyer shall keep the funds of each
client separate and apart from his own and those
of others kept by him.
Rule 16.03 - A lawyer shall deliver the funds and
property of his client when due or upon demand.
However, he shall have a lien over the funds and
may apply so much thereof as may be necessary
to satisfy his lawful fees and disbursements,
giving notice promptly thereafter to his client. He
shall also have a lien to the same extent on all
judgments and executions he has secured for his
client as provided for in the Rules of Court.
Remember A lawyer shall deliver the funds and
property of his client when due or upon demand
if you have an account named sa iyo then dun
pumapasok ang pera ng client mo, wag ka
shopping ng shopping2x baka ipa-deliver ng
client mo then it raises the presumption of
Misappropriation. However, he shall have a lien
over the funds and may apply so much thereof
as may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter
to his client. He shall also have a lien to the same
extent on all judgments and executions he has
secured for his client as provided for in the Rules
of Court.
Although Lawyering is not a money or business
venture aminin natin that it is LIVELIHOOD.
Remember you operational costs, may pinapa-
sweldo ka. Bills mo diba? Dumadating buwan2x
ang masaklap is yung bayad sa iyo hindi. Pero
pwede mo talagang kausapin ng maayos. Oh,
ito ang judgment mo pwede bang ibawas ko
nalang ang bayad mo dito (judgment)? Notify
mo talaga, wag mo I-appropriate aga because
that money is not yours until naibigay sa client mo
diba he shall have a lien over the funds and may
apply so much thereof as may be necessary to
satisfy his lawful fees and disbursements, giving
notice promptly thereafter to his client.
Rule 16.04 - A lawyer shall not borrow money
from his client unless the client's interest are fully
protected by the nature of the case or by
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independent advice. Neither shall a lawyer lend
money to a client except, when in the interest of
justice, he has to advance necessary expenses
in a legal matter he is handling for the client.
This is the point where you need to distinguish
between a Champertous Contract and a
Contingency Contract.
Champertous contract - It is when the lawyer
stipulates with his client that in the prosecution of
the case, he will bear all the expenses for
the recovery of things or property being claimed
by the client and the latter agrees to pay the
former a portion of the thing/property recovered
as compensation. Champertous contracts are
prohibited as they are against public policy and
ethics of the profession.
Contingent contract - Also referred to as
contingent fee contract, is often the only way by
which the poor and helpless can have their rights
vindicated and upheld, in the sense that the
lawyer is being paid on success basis. Such
contract for contingent fee is not prohibited
under Article 1491 of the New Civil Code and
Canon 13 of the Canons of Professional Ethics.
C A N O N 1 7
CANON 17
A LAWYER OWES FIDELITY TO THE CAUSE OF HIS
CLIENT AND HE SHALL BE MINDFUL OF THE TRUST
AND CONFIDENCE REPOSED IN HIM.
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C A N O N 1 8
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
WITH COMPETENCE AND DILIGENCE.
Rules 18.01 - A lawyer shall not undertake a
legal service which he knows or should know
that he is not qualified to render. However, he
may render such service if, with the consent of
his client, he can obtain as collaborating
counsel a lawyer who is competent on the
matter.
Rule 18.02 - A lawyer shall not handle any legal
matter without adequate preparation.
Rule 18.03 - A lawyer shall not neglect a legal
matter entrusted to him, and his negligence in
connection therewith shall render him liable.
Rule 18.04 - A lawyer shall keep the client
informed of the status of his case and shall
respond within a reasonable time to the client's
request for information.
DISCUSSION:
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT
WITH COMPETENCE AND DILIGENCE.
Rules 18.01 - A lawyer shall not undertake a legal
service which he knows or should know that he is
not qualified to render. However, he may render
such service if, with the consent of his client, he
can obtain as collaborating counsel a lawyer
who is competent on the matter.
Rule 18.02 - A lawyer shall not handle any legal
matter without adequate preparation.
Rule 18.03 - A lawyer shall not neglect a legal
matter entrusted to him, and his negligence in
connection therewith shall render him liable.
Kaya minsan kung may deadline, kung maalala
mo na meron gawin mo na before the deadline
baka kasi malimutan mo or malala sge ka pa-
postpone. If di mo matapos file ka Extension
before the lapse of the time provided not after.
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Rule 18.04 - A lawyer shall keep the client
informed of the status of his case and shall
respond within a reasonable time to the client's
request for information.
Tama naman, inform your client so that he will
really know the status of his case. As a lawyer, it is
our duty to inform and remind our clients of
everything happening in his case. REACH OUT
talaga by every means of communication.
C A N O N 1 9
CANON 19 - A LAWYER SHALL REPRESENT HIS
CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE
LAW.
Rule 19.01 - A lawyer shall employ only fair and
honest means to attain the lawful objectives of
his client and shall not present, participate in
presenting or threaten to present unfounded
criminal charges to obtain an improper
advantage in any case or proceeding.
Rule 19.02 - A lawyer who has received
information that his client has, in the course of
the representation, perpetrated a fraud upon
a person or tribunal, shall promptly call upon
the client to rectify the same, and failing which
he shall terminate the relationship with such
client in accordance with the Rules of Court.
Rule 19.03 - A lawyer shall not allow his client to
dictate the procedure in handling the case.
DISCUSSION:
CANON 19 - A LAWYER SHALL REPRESENT HIS
CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE
LAW.
You have to be passionate to the cause of your
client. Pero within the bounds of the LAW.
Rule 19.01 - A lawyer shall employ only fair and
honest means to attain the lawful objectives of his
client and shall not present, participate in
presenting or threaten to present unfounded
criminal charges to obtain an improper
advantage in any case or proceeding.
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Rule 19.02 - A lawyer who has received
information that his client has, in the course of the
representation, perpetrated a fraud upon a
person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he
shall terminate the relationship with such client in
accordance with the Rules of Court.
If di making ang client mo kasi mas magaling pa
sya sa iyo, failing which he shall terminate the
relationship with such client in accordance with
the Rules of Court. Remember we are only bound
to the acts of our client which have been
consummated. We are not supposed to
participate with the acts our client is supposed to
commit in the future. If he still commits, we must
defend him but do not participate.
Rule 19.03 - A lawyer shall not allow his client to
dictate the procedure in handling the case.
Ito yung client mo na mas magaling pa sya sa
iyo, (self-explanatory).
C A N O N 2 0
DISCUSSION:
Rule 20.01 - A lawyer shall be guided by the
following factors in determining his fees:
A LO | B A JA O | B E RM U D O
CANON 20 - A LAWYER SHALL CHARGE ONLY
FAIR AND REASONABLE FEES.
Rule 20.01 - A lawyer shall be guided by the
following factors in determining his fees:
(a) the time spent and the extent of the
service rendered or required;
(b) the novelty and difficulty of the
questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other
employment as a result of acceptance
of the proffered case;
(f) The customary charges for similar
services and the schedule of fees of the
IBP chapter to which he belongs;
(g) The amount involved in the
controversy and the benefits resulting to
the client from the service;
(h) The contingency or certainty of
compensation;
(i) The character of the employment,
whether occasional or established; and
(j) The professional standing of the
lawyer.
Rule 20.02 - A lawyer shall, in case of referral,
with the consent of the client, be entitled to a
division of fees in proportion to the work
performed and responsibility assumed.
Rule 20.03 - A lawyer shall not, without the full
knowledge and consent of the client, accept
any fee, reward, costs, commission, interest,
rebate or forwarding allowance or other
compensation whatsoever related to his
professional employment from anyone other
than the client.
Rule 20.04 - A lawyer shall avoid controversies
with clients concerning his compensation and
shall resort to judicial action only to prevent
imposition, injustice or fraud.
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Ito yung mahirap na tanong …
(a) the time spent and the extent of the service
rendered or required;
(b) the novelty and difficulty of the questions
involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as
a result of acceptance of the proffered case;
(f) The customary charges for similar services and
the schedule of fees of the IBP chapter to which
he belongs;
-so I check talaga ang taripa ng IBP. This is to
prevent the bastardization of the Legal
Profession that might be reduced into a money
business.
(g) The amount involved in the controversy and
the benefits resulting to the client from the
service;
Di naman puro in cash pwede naman in kind (
ang bayad)
(h) The contingency or certainty
compensation;
(i) The character of the employment, whether
occasional or established; and
Occasional=medjo mahal
Established= medjo mura kasi continuous na ang
cash flow
(j) The professional standing of the lawyer.
A LO | B A JA O | B E RM U D O
For example bagong lawyer ka palang, mahiya
ka naman .. kung top notcher ka edi okay lang,
pero pressured ka talaga.
Rule 20.02 - A lawyer shall, in case of referral, with
the consent of the client, be entitled to a division
of fees in proportion to the work performed and
responsibility assumed.
Meron man talaga yan for example di matapos
then collaborate kayo.
QUANTUM MERUIT
Rule 20.03 - A lawyer shall not, without the full
knowledge and consent of the client, accept
any fee, reward, costs, commission, interest,
rebate or forwarding allowance or other
compensation whatsoever related to his
professional employment from anyone other
than the client.
Ang explanation ditto is sometimes in the course
of a case, the lawyer may be offered by the
other party. But need ka talaga mag inform and
be transparent to your client.
Rule 20.04 - A lawyer shall avoid controversies
with clients concerning his compensation and
shall resort to judicial action only to prevent
imposition, injustice or fraud.
of
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2019 MANRESA III
C A N O N 2 1
CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT
EVEN AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED.
Rule 21.01 - A lawyer shall not reveal the
confidences or secrets of his client except;
(a) When authorized by the client after
acquainting him of the consequences of the
disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to
defend himself, his employees or associates or
by judicial action.
Rule 21.02 - A lawyer shall not, to the
disadvantage of his client, use information
acquired in the course of employment, nor
shall he use the same to his own advantage or
that of a third person, unless the client with full
knowledge of the circumstances consents
thereto.
Rule 21.03 - A lawyer shall not, without the
written consent of his client, give information
from his files to an outside agency seeking such
information for auditing, statistical,
bookkeeping, accounting, data processing, or
any similar purpose.
Rule 21.04 - A lawyer may disclose the affairs of
a client of the firm to partners or associates
thereof unless prohibited by the client.
Rule 21.05 - A lawyer shall adopt such
measures as may be required to prevent those
whose services are utilized by him, from
disclosing or using confidences or secrets of
the clients.
Rule 21.06 - A lawyer shall avoid indiscreet
conversation about a client's affairs even with
members of his family.
Rule 21.07 - A lawyer shall not reveal that he
has been consulted about a particular case
except to avoid possible conflict of interest.
DISCUSSION:
A LO | B A JA O | B E RM U D O
CANON 21 - A LAWYER SHALL PRESERVE THE
CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED.
So kahit namatay na yung client mo wag mong
i-divulge ang kanyang mga secrets
Rule 21.01 - A lawyer shall not reveal the
confidences or secrets of his client except;
(a) When authorized by the client after
acquainting him of the consequences of the
disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to
defend himself, his employees or associates or
by judicial action.
GR: A lawyer shall not reveal the confidences or
secrets of his client
EX:
(a) When authorized by the client after
acquainting him of the consequences of the
disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to
defend himself, his employees or associates or
by judicial action.
Rule 21.02 - A lawyer shall not, to the
disadvantage of his client, use information
acquired in the course of employment, nor shall
he use the same to his own advantage or that of
a third person, unless the client with full
knowledge of the circumstances consents
thereto.
Meaning wag mo i-blackmail yung iyong client.
Rule 21.03 - A lawyer shall not, without the written
consent of his client, give information from his
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2019 MANRESA III
files to an outside agency seeking such
information for auditing, statistical, bookkeeping,
accounting, data processing, or any similar
purpose.
Remember that case of Trillanes asgainst Binay in
the senate. Diba gusto nila ipa-check yung bank
accounts ng lawyers where naka palce ang
pera ni binay. However, di pwede yun because
not only that they are bound to protect binay’s
money but that account also contains money
from other clients. That is why! Kasi you really
cannot point out alin yung kay Binay lang in the
process of denying (referring sa pera ni bin ay)
edi ma divulge mo na rin ang pera ng ibang
clients mo.
Rule 21.04 - A lawyer may disclose the affairs of
a client of the firm to partners or associates
thereof unless prohibited by the client.
GR: A lawyer may disclose the affairs of a client
of the firm to partners or associates
EX: unless prohibited by the client
Rule 21.05 - A lawyer shall adopt such measures
as may be required to prevent those whose
services are utilized by him, from disclosing or
using confidences or secrets of the clients.
I remember halimbawa yung mga naga OJT sa
office? Tell them na di niyo pwede i-chismis sa
labas ang pinag-uusapan sa labas.
Rule 21.06 - A lawyer shall avoid indiscreet
conversation about a client's affairs even with
members of his family.
That’s why we understand that we cannot easily
divulge informations.
Rule 21.07 - A lawyer shall not reveal that he has
been consulted about a particular case except
to avoid possible conflict of interest.
A LO | B A JA O | B E RM U D O
GR: A lawyer shall not reveal that he has been
consulted about a particular case
Ex: to avoid possible conflict of interest.
So you ask talaga the person: sino kalaban mo.
C A N O N 2 2
CANON 22 - A LAWYER SHALL WITHDRAW HIS
SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
Rule 22.01 - A lawyer may withdraw his services
in any of the following case:
(a) When the client pursues an illegal or
immoral course of conduct in connection
with the matter he is handling;
(b) When the client insists that the lawyer
pursue conduct violative of these canons
and rules;
(c) When his inability to work with co-
counsel will not promote the best interest
of the client;
(d) When the mental or physical condition
of the lawyer renders it difficult for him to
carry out the employment effectively;
(e) When the client deliberately fails to
pay the fees for the services or fails to
comply with the retainer agreement;
(f) When the lawyer is elected or
appointed to public office; and
(g) Other similar cases.
Rule 22.02 - A lawyer who withdraws or is
discharged shall, subject to a retainer lien,
immediately turn over all papers and property
to which the client is entitled, and shall
cooperative with his successor in the orderly
transfer of the matter, including all information
necessary for the proper handling of the
matter.
DISCUSSION:
CANON 22 - A LAWYER SHALL WITHDRAW HIS
SERVICES ONLY FOR GOOD CAUSE AND UPON
NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
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Ito yung maling ilang abogado, iwanan lang

ang kaso di man lang sabihan ng maayos.
Merong formal entry pero wala official
withdrawal, so ikaw parin ang lawyer and bound
ka.

Rule 22.01 - A lawyer may withdraw his services

in any of the following case:

(a) When the client pursues an illegal or immoral

course of conduct in connection with the matter
he is handling;
Yung mag ok ka lang if sabihan ka ng client mo
na ipapatay nalang ang kalaban.

(b) When the client insists that the lawyer pursue

conduct violative of these canons and rules;

Bayaran si Judge (for example)

(c) When his inability to work with co-counsel will

not promote the best interest of the client;

May Arthritis na ang Lawyer for example then

andun sa 3rd floor ang Court room

(d) When the mental or physical condition of the

lawyer renders it difficult for him to carry out the
employment effectively;

If mabuang ka na..

(e) When the client deliberately fails to pay the

fees for the services or fails to comply with the
retainer agreement;

(f) When the lawyer is elected or appointed to

public office; and

elected or appointed to public office : notify

(g) Other similar cases.

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