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1. I will not heed to the request of my senior colleague in the firm because this may be a
violation of Canon 13 of the Code of Professional Responsibility which states that “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”. Talking to the judge about
the merits of your case may lessen the confidence of administration of justice and such act
should be avoided. I should rely on my competence in order to carry out my duty to my
client this includes extensive researching about my case. I swore, upon admission to the
practice that I will conduct myself according to the best of my knowledge and discretion
with all good fidelity to the court and to my client. The oath embodies the fundamental
duties of a lawyer, which I must honor as there would be a great detriment, if not failure of,
administration of justice if courts could not rely on the representations of the lawyers in the
handling of their cases. A lawyer shall employ only fair and honest means to attain the
lawful objectives of his client. As a servant of the law, a lawyer should moreover make
himself an exemplar for others to emulate.

2. When Atty. Maki Labutan wrote to Monyo offering him his legal service is in violation of Rule
2.03 of the CPR which states that “A lawyer shall not do or permit to be done any act designed
to primarily solicit legal business”. By writing to Monyo about his intention to be his counsel to
the case fall under this prohibition. A lawyer who recommends himself regarding employment
lower the profession because the profession is not a business. Also, the Facebook page where
he advertise himself is also in violation of the CPR because lawyers cannot advertise their
talent as a shopkeeper advertises his wares. A lawyer is a member of an honorable profession
whose primary purpose is to render public service and help secure justice and in which
renumeration is a mere incident. To allow lawyer to advertise their talent or skill is to
commercialize the practice of law, lower the profession in public confidence and lessen ts
ability to render efficiently that high character of service to which every member of the bar is
called. If competitive advertising were permitted, the conscientious and ethical lawyers will
unavoidably be at the mercy of the braggart.

The press conference held by Atty. Maki Labutan is in violation of Rule 13.02 which states that
“ 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 act done by Atty. Maki Labutan concerning
pending litigation may interfere with a fair trial and prejudice the impartial administration of
justice. Statements should avoid to create adverse attitude in the public mind.

The acts of Atty. Maki Labutan in saying that the lawyer is an ambulance chasing lawyer who
almost flunked the bar exam, arrogantly and insultingly referred him as bata and inexperienced
in litigation is in violation of Rule 8 of the CPR. Rule 8.1 expressly states that “A lawyer shall
not, in professional dealings, use language which is abusive, offensive or otherwise improper”.
His arguments, written or oral, should be gracious to both the court and opposing counsel.
Observance of honorable, candid, and courteous dealings with other lawyers makes a practice
of law a profession. A lawyer’s language should be forceful but dignified, emphatic but
respectful as befitting an advocate and in keeping with the dignity of the legal profession. The
use of abusive language by counsel against the opposing counsel at the same time, a
disrespect to the dignity of the court. it also in violation of Rule 11.03 which states that “A
lawyer shall abstain from scandalous, offensive or menacing language or behavior before the
courts.

The act of Atty. Maki Labutan in filing with DOLE a case at the same time instituted a case in
RTC with same causes of actions and filing interlocutory motions causing delays to the case is
in violation of Rule 10.3 of the CPR. Rules of procedure offer innumerable opportunities and
means for delay and to defeat the end of justice. Procedural rules are instruments in the
speedy and efficient administration of justice. They should be used to achieve such end and
not to derail it. Filing of multiple petitions or motions constitutes abuse of court’s processes. He
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should not use his knowledge of law as an instrument to harass a party.While a lawyer owes
fidelity to the cause of his client, it should not be at the expense of truth and administration of
justice. The filing of a case in the RTC with the same facts of the case instituted in DOLE
constitutes a violation of Rule 12.02 which states that “A lawyer shall not file multiple actions
arising from the same causes”. It is called forum shopping the practice of going from one court
to another in the hope of securing a favorable relief in one court which another courts has
denied or the filing of repetitious suits or proceedings in different courts concerning
substantially the same subject matter.

In view of the foregoing, Atty Maki Labutan should be disciplined by the court by the acts he
committed in violation of the CPR.

3a. Under Rule 15.1, a lawyer has a duty 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. There will be no conflict of
interest in the case at bar, because the parties are different and the causes of actions are also
differently so there will be no conflict of interest here.

3b. The lawyer has the right to be paid for the services rendered or to be rendered. The
collection method employed by Atty Nakawan is payment of acceptance fee. However, there is
no yet contract to bind the counsel and the client in the case at bar. Therefore, it cannot be
said that Attorney client relationship already existed. The best evidence for this is the contract
asking the client the amount for filing fee and at the same time acknowledgement of payment
that the same has been paid by the client to the counsel.

3c. As a general rule, a lawyer shall not delegate legal work to non-lawyers. However, the task
performed by him does not involved application of law. His work just consists of reproduction
of pleadings, compiling papers and other administrative works that doest not require the
application of law.

3d. Atty Nakawan was not able to go to the office because of medical conditions that’s why the
secretary was tasked to signed for him with his approval. There was a deadline to meet and
there is no way the secretary can go to the lawyer because the lawyer is suffering from a
contagious disease. The same was done in good faith because the secretary was expressly
authorized to do so.

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.