Lawyer’s Oath

  “I, ________________, do solemnly swear that I will maintain allegiance to the Republic Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading,
of the Philippines; I will support its constitution and obey the laws as well as the legal deceptive, undignified, self-laudatory or unfair statement or claim regarding his
orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the qualifications or legal services.

doing of any in court; I will not willingly nor wittingly promote or sue any groundless, false Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be
or unlawful suit, or give aid nor consent to the same; I will delay no man for money or used. The continued use of the name of a deceased partner is permissible provided that
malice, and will conduct myself as a lawyer according to the best of my knowledge and the firm indicates in all its communications that said partner is deceased.

discretion, with all good fidelity as well to the court as to my clients; and I impose upon
Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and
myself this voluntary obligations without any mental reservation or purpose of evasion. So
his name shall be dropped from the firm name unless the law allows him to practice law
help me God.” (Form 28, RRC)
currently.

Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass
CODE OF PROFESSIONAL RESPONSIBILITY media in anticipation of, or in return for, publicity to attract legal business.
CHAPTER I. THE LAWYER AND SOCIETY
CANON 4
CANON 1 A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM
A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE
AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful CANON 5
conduct.
A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN
Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
lessening confidence in the legal system.
HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING
Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND
proceeding or delay any man's cause.
JURISPRUDENCE.
Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it
will admit of a fair settlement.
CANON 6
THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE
CANON 2 DISCHARGE OF THEIR TASKS.

A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND

CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
EFFECTIVENESS OF THE PROFESSION.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the
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.

defenseless or the oppressed.

Rule 6.02 - A lawyer in the government service shall not use his public position to
Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse promote or advance his private interests, nor allow the latter to interfere with his public
to render legal advice to the person concerned if only to the extent necessary to duties.

safeguard the latter's rights.

Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or
Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit employment in connection with any matter in which he had intervened while in said
legal business.
service.

Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed
unless the circumstances so warrant.
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION
CANON 7
CANON 3
A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE
A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE,
LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF

FACTS.

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Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or authority, or knowingly cite as law a provision already rendered inoperative by repeal or
suppressing a material fact in connection with his application for admission to the bar.
amendment, or assert as a fact that which has not been proved.
Rule 7.02 - A lawyer shall not support the application for admission to the bar of any Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to
person known by him to be unqualified in respect to character, education, or other defeat the ends of justice.
relevant attribute.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to CANON 11
practice law, nor shall he whether in public or private life, behave in a scandalous manner A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS
to the discredit of the legal profession.
AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.

CANON 8
A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR Rule 11.01 - A lawyer shall appear in court properly attired.

TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING Rule 11.02 - A lawyer shall punctually appear at court hearings.

TACTICS AGAINST OPPOSING COUNSEL.

Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or

behavior before the Courts.

Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record
offensive or otherwise improper.
or have no materiality to the case.

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities
employment of another lawyer, however, it is the right of any lawyer, without fear or favor, only.

to give proper advice and assistance to those seeking relief against unfaithful or neglectful
counsel.
CANON 12
A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN
THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.

CANON 9
A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
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
Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any preference. He should also be ready with the original documents for comparison with the
task which by law may only be performed by a member of the bar in good standing.
copies.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause.

persons not licensed to practice law, except:

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
a. Where there is a pre-existing agreement with a partner or associate that, upon the
explanation for his failure to do so.

latter's death, money shall be paid over a reasonable period of time to his estate or to
persons specified in the agreement; or
Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment
or misuse Court processes.

b. Where a lawyer undertakes to complete unfinished legal business of a deceased

lawyer; or
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.

c. Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if
Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to
the plan is based in whole or in part, on a profit sharing agreement.

impersonate another.

Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly
inconvenience him.

CHAPTER III. THE LAWYER AND THE COURTS Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except:

CANON 10 a. on formal matters, such as the mailing, authentication or custody of an instrument,

A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. and the like; or

b. on substantial matters, in cases where his testimony is essential to the ends of justice,
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in in which event he must, during his testimony, entrust the trial of the case to another
Court; nor shall he mislead, or allow the Court to be misled by any artifice. counsel.

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

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 CANON 13 Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on
A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM the merits and probable results of the client's case, neither overstating nor understating
ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF the prospects of the case.

INFLUENCING THE COURT. Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public
official, tribunal or legislative body.

Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the
opportunity for cultivating familiarity with Judges.
principles of fairness.

Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently
case tending to arouse public opinion for or against a party.
with the practice of law shall make clear to his client whether he is acting as a lawyer or in
Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of another capacity.

the government in the normal course of judicial proceedings.

CHAPTER IV. THE LAWYER AND THE CLIENT CANON 16

A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS PROFESSION.

CANON 14

A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Rule 16.01 - A lawyer shall account for all money or property collected or received for or
from the client.

Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own
latter's race, sex. creed or status of life, or because of his own opinion regarding the guilt and those of others kept by him.

of said person.
Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon
Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an demand. However, he shall have a lien over the funds and may apply so much thereof as
appointment as counsel de officio or as amicus curiae, or a request from the Integrated may be necessary to satisfy his lawful fees and disbursements, giving notice promptly
Bar of the Philippines or any of its chapters for rendition of free legal aid.
thereafter to his client. He shall also have a lien to the same extent on all judgments and
Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if:
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
a. he is not in a position to carry out the work effectively or competently;

are fully protected by the nature of the case or by independent advice. Neither shall a
b. he labors under a conflict of interest between him and the prospective client or
lawyer lend money to a client except, when in the interest of justice, he has to advance
between a present client and the prospective client.

necessary expenses in a legal matter he is handling for the 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.

CANON 17
A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE
CANON 15 MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS

DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
CANON 18

A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

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 Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know
interest, and if so, shall forthwith inform the prospective client.
that he is not qualified to render. However, he may render such service if, with the consent
Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of of his client, he can obtain as collaborating counsel a lawyer who is competent on the
matters disclosed to him by a prospective client.
matter.

Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.

of all concerned given after a full disclosure of the facts.

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence
Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, in connection therewith shall render him liable.

conciliator or arbitrator in settling disputes.

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.

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 CANON 19 Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;

A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF a. When authorized by the client after acquainting him of the consequences of the
THE LAW.
disclosure;

b. When required by law;

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful
c. When necessary to collect his fees or to defend himself, his employees or associates
objectives of his client and shall not present, participate in presenting or threaten to
or by judicial action.

present unfounded criminal charges to obtain an improper advantage in any case or

proceeding.
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
Rule 19.02 - A lawyer who has received information that his client has, in the course of
third person, unless the client with full knowledge of the circumstances consents thereto.

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 Rule 21.03 - A lawyer shall not, without the written consent of his client, give information
such client in accordance with the Rules of Court.
from his files to an outside agency seeking such information for auditing, statistical,
bookkeeping, accounting, data processing, or any similar purpose.

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the
case.
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.

CANON 20 Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those
A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES. whose services are utilized by him, from disclosing or using confidences or secrets of the
clients.

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with
a. the time spent and the extent of the service rendered or required;
members of his family.

b. the novelty and difficulty of the questions involved;

Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case
c. The importance of the subject matter;
except to avoid possible conflict of interest.

d. The skill demanded;

e. The probability of losing other employment as a result of acceptance of the

proffered case;
CANON 22
f. The customary charges for similar services and the schedule of fees of the IBP A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON
chapter to which he belongs;
NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

g. The amount involved in the controversy and the benefits resulting to the client
from the service;
Rule 22.01 - A lawyer may withdraw his services in any of the following case:

h. The contingency or certainty of compensation;

a. When the client pursues an illegal or immoral course of conduct in connection with the
i. The character of the employment, whether occasional or established; and
matter he is handling;

j. The professional standing of the lawyer.

b. When the client insists that the lawyer pursue conduct violative of these canons and
rules;

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to c. When his inability to work with co-counsel will not promote the best interest of the
a division of fees in proportion to the work performed and responsibility assumed.
client;

Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, d. When the mental or physical condition of the lawyer renders it difficult for him to carry
accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or out the employment effectively;

other compensation whatsoever related to his professional employment from anyone e. When the client deliberately fails to pay the fees for the services or fails to comply with
other than the client.
the retainer agreement;

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation f. When the lawyer is elected or appointed to public office; and

and shall resort to judicial action only to prevent imposition, injustice or fraud. g. Other similar cases.

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien,
CANON 21 immediately turn over all papers and property to which the client is entitled, and shall
A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT cooperative with his successor in the orderly transfer of the matter, including all
EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED. information necessary for the proper handling of the matter.

 

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CHAPTER 1. The Lawyer and Society
(Canons 1-6)
1. CAYETANO V MONSOD
• BG: Monsod was nominated to be chair of COMELEC. Court held he was
engaged in the practice of law for 10 years.
• DOCTRINES:
- PRACTICE OF LAW: any activity in or out of yourt, which requires the
application of law, legal procedure, knowledge, training, and experience;
not limited to the conduct of cases in court
2. ALAWI V ALAUYA
• BG: Court held the Alauya, as a member of the Shari’a Bar is guilty for
impropriety for the letters issued against Alawi
• DOCTRINES:
- “ATTY” : reserved tot hose have been admitted to the IBP and remains
in good standing.
• Persons who pass the Shari’a bar are not full fledged members of the
IBP and can only practice in Shari’a courts.
- As a man of law, he may not use language which is abusive (name-
calling)
3. PETITION TO CONTINUE USE OF FIRM NAME: SYSCIP, ETC.
• BG: Ozaeta and Sycip died and the firm wants to continue to use their
names. Court held no.
• DOCTRINES:
- Use of trade names in law practice is improper
• partnershio for the practice of law cannot be likened to partnerships
formed by other professions or business
• continued use of a deceased or former partner’s name in the firm of
law partnerships is not sanctioned by local custom (possibility of
deception upon the public where the name of the deceased is used)
- Practice of law is not a money-making trade but is the
administration of justice
- Law partnership distinguished:
• duty of public service w/o making much money
• a relation of the officer of court as to the AoJ
• clients in the highest degree fiduciary
• relations w/ colleagues at the bar are by candor, fairness, etc.
4. IN RE: ARGOSINO
• BG: Hazing to homicide and now a petition to take the Lawyer’s Oath after
passing the bar.
• DOCTRINES:
- Practice of law is not a natural right but a privilege limited to
citizens of good moral conduct (with special educational
qualifications)
5. TAN V SABANDAL
• BG: Sabandal passed the bar but was guilty of unauthorised practice of
law, he also had a pending civil case for when he worked as a public officer
• DOCTRINES:
- Although the term "good moral character" admits of broad
dimensions, it has been defined as "including at least common
honesty". It has also been held that no moral qualification for bar
membership is more important than truthfulness or candor
6. IN RE: CUEVAS
• BG: Similar to Argosino, was also given a chance.
• DOCTRINES:
- Good moral conduct
7. CANLAS V CA
• BG: mortgaging, foreclosure, atty’s fees.
• DOCTRINES:
- Lawyering is not a moneymaking venture and lawyers are not
merchants,
• a fundamental standard that has, as a matter of judicial notice,
eluded not a few law advocates
- Oath to "delay no man for money."
• He placed his interests over and above those of his client, in
opposition to his oath to "conduct himself as a lawyer ... with all good
fidelity ... to his clients."
8. IN RE: CUNANAN
- BG: Bar Flunkers Act of 1953 allows takers who got below average to
be admitted to the bar. Court held this as unconstitutional. Generally,
one passes if he obtains 75% average in all subjects without falling
below 50% in each.
• DOCTRINES:
- An adequate legal preparation is one of the vital requisites for the
practice of law that should be developed and maintained
constantly
- Licensing of Atty has always been a judicial function.

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9. * PETITION FOR LEAVE TO RESUME PRACTICE: DACANAY - Moral turpitude is defined as an act of baseness, vileness, or depravity
• BG: migrated to Canada, reacquired PH citizenship, wants to practice law in the private duties which a man owes to his fellowmen, or to society in
again. Court held yes. general, contrary to justice, honesty, modesty, or good morals.
• DOCTRINES: • Section 27, Rule 138 provides:
- Section 2, Rule 138 of the Rules of Court provides Qualifications to • A member of the bar may be disbarred or suspended from his
be admitted to the bar: office as attorney by the Supreme Court for any deceit, malpractice,
Basic requirements: or other gross misconduct in such office, grossly immoral conduct, or
1. a citizen of the Philippines, by reason of his conviction of a crime involving moral turpitude,
2. at least 21 years of age, or for any violation of the oath which he is required to take before
3. of good moral character and admission to practice, or for a willful disobedience of any lawful order
4. a resident of the Philippines. of a superior court, or for corruptly or willfully appearing as an
5. He must also produce before this Court satisfactory attorney for a party to a case without authority [to do so]. The practice
evidence of good moral character and of soliciting cases at law for the purpose of gain, either personally or
6. that no charges against him, involving moral turpitude, through paid agents or brokers, constitutes malpractice.
have been filed or are pending in any court in the - The purpose of a proceeding for disbarment is to protect the
Philippines. administration of justice by requiring that those who exercise this
Academic requirements: important function be competent, honorable and reliable – lawyers in
1. Finishing a bachelor’s degree in arts or science whom courts and [the public at large] may repose confidence. Thus,
2. Law course for another 4 years (generally) whenever a clear case of degenerate and vile behavior disturbs that vital
• Gen rule: A person who has lost his PH citizenship cannot yet fragile confidence, [the Court] shall not hesitate to rid [the] profession
practice law in the PH of odious members
• Except when reacquired via RA9225: so he is deemed to never
have terminated his membership BUT no automatic rights to resume CHAPTER 2. The Lawyer and the Legal Profession
practice (Canons 7-9)
10. IN RE: CAYETUNA V ELBINIAS 1. IN RE: IBP
• BG: Cayetuna sent letter complaints to Elbinias but he fired her. • BG: RA6397— Integration of the Bar is held as constitutional.
• DOCTRINES: • DOCTRINES:
- - As the practice of law is a privilege vested with public interest, it can
Confidential employees work at the pleasure of the appointing
authority.. trust — right to remove best discharge its public responsibilities through collective action.
- NOT EXPLICIT: Canon 7 provides that ―a lawyer shall at all times
11. IN RE: J. GREGORY ONG uphold the integrity and dignity of the legal profession and support the
• BG: Friendship w/ Napoles, scandal activities of the integrated bar.‖ In using the word ―shall,‖ this Canon
• DOCTRINES: makes it mandatory for all lawyers
- Impropriety — Canon 4 of CJC 2. IN THE MATTER OF THE INQUIRY INTO THE 1989 ELECTION FOR IBP
- Dishonesty — disposition to lie, cheat, deceive, or defraud — a grave • BG: candidates violated Canon 7 of the Code of Professional Responsibility
offense through their in campaigning for the election via spending spending $$$$

12. IN RE: JUSTICE VASQUEZ • DOCTRINES:

- Candidates and many of the participants in that election not only violated
the By-Laws of the IBP but also the ethics of the legal prof. which
13. RE: PEOPLE V BARROZO imposes on lawyers, as a corollary of their obligation to obey and uphold
• BG: convicted of bribery the constitution and the laws, the duty to "promote respect for law and
• DOCTRINES: legal processes" and to abstain from 'activities aimed at defiance of the
law or at lessening confidence in the legal system" (Rule 1.02)

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3. CAMABALIZA V CRISTAL-TENORIO
• BG: In this case,Tenorio, is not a lawyer, but he holds himself out as one.
His wife, the respondent herein, abetted and aided him in the unauthorized
practice of the legal profession.
• DOCTRINES:
- A lawyer who allows a non-member of the Bar to misrepresent himself
as a lawyer and to practice law is guilty of violating Canon 9 and Rule
9.01 of the Code of Professional Responsibility, which read as follows:
• 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.
- JUSTIFICATION FOR COMPULSORY MEMEBRSHIP IN IBP:
• The unauthorized practice of law is founded on public interest and
policy. Public policy requires that the practice of law be limited to
those individuals found duly qualified in education and character.
• The purpose is to protect the public, the court, the client, and the bar
from the incompetence or dishonesty of those unlicensed to practice
law and not subject to the disciplinary control of the Court.
• Held consti in IN RE IBP: It improves the position of the Bar as an
instrument of justice and rule of law. It fosters cohesion among
lawyers and ensures the promotion of the objectives of the legal
profession.
4. PETITION FOR LEAVE TO RESUME PRACTICE: DACANAY
• BG: RA9225; Dacanay must still comply with several conditions before he
can resume his practice of law
• DOCTRINES:
- Practice of law is a privilege burdened with conditions.
5. E. CONRAD V ATTY NAVARRO
what he or other people think he is. As former Chief Justice Moran
observed: An applicant for license to practice law is required to show
good moral character, or what he really is, as distinguished from good
reputation, or from the opinion generally entertained of him, the estimate
in which he is held by the public in the place where he is known.
- In Sec 25, Rule 127 of the Rules of Court, the enumeration is not
exclusive and the power of the court to exclude unworthy members of
the bar is inherent and is a necessary incident to the proper
administration of justice and can be exercised even without any statutory
authority, in all cases unless properly prohibited by statutes.
7. COSMOS V LO BU
• BG: Atty denied facts to defend the cause of his client.
• DOCTRINES:
- He was of course expected to defend his client's cause with zeal, but
not at the disregard of the truth and in defiance of the clear purpose
of labor statutes.
- He ought to remember that his obligation as an officer of the court, no
less than the dignity of the profession, requires that he should not act
like an errand-boy at the beck and call of his client, ready and
eager to do his every bidding.
8. ALFONOS V JUANSON
• BG: Complaint against judge for immorality and violation of CJE for
maintaining sexual illicit relations w/ his wife. Not guilty, as imputations
must be proven. BUT…
• DOCTRINES:
- Judge should be held liable for becoming indiscreet.
- Such indiscretions indubitably cast upon his conduct an
appearance of impropriety.
• Respondent and Sol’s meetings could incite suspicion of either the
relationship’s continuance or revival.
• He violated Canons 3 and 2 requiring judge’s official conduct to
be free from appearance of impropriety.

9.
6. ROYONG V ATTY OBLENA
• BG: Rape + Affair; Oblena used his knowledge in law to commit immoral
acts without incurring any criminal liability; he committed gross immorality
by continuously cohabiting with Angeles, his common-law wife, even after
he became a lawyer and Oblena falsified the truth as to his good moral
character in his application to take the bar.
• DOCTRINES:
- Moral character is not a subjective term, but one which corresponds to
objective reality. Moral character is what a person really is, and not
CASTANEDA V AGO
• BG: replevin suit against Ago to recover property aka his house. Atty
misused legal remedies and prostituted the judicial process to thwart the
satisfaction of the judgment, to the extended prejudice of the petitioners
• DOCTRINES:
- Forgetting his sacred mission as a sworn public servant and his exalted
position as an officer of the court, Atty. Luison has allowed himself to
become an instigator of controversy and a predator of conflict instead of
a mediator for concord and a conciliator for compromise, a virtuoso

¥ C2021
 of technicality in the conduct of litigation instead of a true exponent of
the primacy of truth and moral justice.
- A counsel’s assertiveness in espousing with candor and honesty
his client’s cause must be encouraged and is to be commended;
what the SC does not and cannot countenance is a lawyer’s insistence
despite the patent futility of his client’s position.
- It is the duty of the counsel to advice his client on the merit or lack
of his case. If he finds his client’s cause as defenseless, then he is his
duty to advice the latter to acquiesce and submit rather than traverse the
incontrovertible. A lawyer must resist the whims and caprices of his
client, and temper his client’s propensity to litigate.
- CANON 2 and 7
10. ROXAS V CA
• BG: motions for extension. Atty purposely delayed progress of case and
abused the laxity of court.
• DOCTRINES:
- Let this serve as warning among members of the Philippine bar who
take their own sweet time with their cases if not purposely delay its
progress for no cogent reason. It does no credit to their standing in the
profession. More so when they do not file the required brief or pleading
until their motion is acted upon. Not only should they not presume
that their motion for extension of time will be granted by the court
much less should they expect that the extension that may be
granted shall be counted from notice. They should file their briefs or
pleadings within the extended period requested.
11. IN RE: TAGORDA
• BG: made use of a card of services offered + solicited letters of his
willingness to accept reg. for 3 pesos
• DOCTRINES:
- Practice of soliciting cases at law for the purpose of gain, either
personally, or through paid agents or brokers, constitutes malpractice.
- the marital vows protected by the Constitution and affirmed by our laws.
Canon 27 of the said document provides that a well-merited
reputation serves as a lawyer”s most effective form of
advertisement.
- or deceitful conduct," and Rule 7.03 of Canon 7 of the same Code
While the circulation of business cards is not per se improper, solicitation
through such cards, as well as through personal communications is
unprofessional. The law is a profession and not a business.
12. RE: UP LAW FACULTY
• BG: Dean Leonen submitted a dummy/restoring integrity 2 w/o the proper
signatures. Value of the statement lies in the signatories.
• DOCTRINES:
- CANON 10 - A lawyer owes candor, fairness and good faith to the court.
- Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the
contents of 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.
13. IN RE: PETITION TO SIGN ROLL BY MEDADO
• BG: he forgot to sign, yet he practiced for 7 years.
• DOCTRINES:
- CANON 9 – A lawyer shall not, directly or indirectly, assist in the
unauthorized practice of law.
- While a reading of Canon 9 appears to merely prohibit lawyers from
assisting in the unauthorized practice of law, the unauthorized practice
of law by the lawyer himself is subsumed under this provision, because
at the heart of Canon 9 is the lawyer’s duty to prevent the
unauthorized practice of law. This duty likewise applies to law
students and Bar candidates.
14. IN RE: JOAQIN BORROMEO
• BG: Unauthorized practice and liable for contempt.
• DOCTRINES:
- The constitutional rights invoked by him afford no justification for
repetitious litigation of the same causes and issues, for insulting
lawyers, judges, court employees; and other persons, for abusing the
processes and rules of the courts, wasting their time, and bringing them
into disrepute and disrespect
15. GUEVARRA V EALA
• BG: affair
• DOCTRINES:
- Sexual relations outside marriage is considered disgraceful and
immoral. It manifests deliberate disregard of the sanctity of marriage and
- Rule 1.01 of Canon 1 of the Code of Professional Responsibility which
proscribes a lawyer from engaging in "unlawful, dishonest, immoral
which proscribes a lawyer from engaging in any "conduct that
adversely reflects on his fitness to practice law”
16. CORDOVA V CORDOVA
• BG: Acts of immorality— multiple chix but they reconciled.
• DOCTRINES:
- reconciliation does not excuse and wipe away the misconduct and
immoral behavior of the respondent earn carried out in public, and
¥ C2021
 necessarily adversely reflecting upon him as a member of the Bar and
upon the Philippine Bar itself.
- good moral character
17. MANALNG V ANGELES
• BG: infidelity to the fiduciary obligations. He accepted the award less than
what was agreed upon without authorization
• DOCTRINES:
- Grave misconduct— exhibition of uncaring lack of devotion to the
interest of his clients as well as want of zeal in the maintenance and
defence of their rights.
18. BUSIÑOS V RICAFORT
• BG: Atty was entrusted with money and even asked for extra for bond that
did not exist. Used his money for personal use and failed to pay back.
• DOCTRINES:
- Malpractice, deceit and gross misconduct by converting the money of
his clients to his own w/o consent
- 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.
- LAWYER’S OATH: It bears emphasis that a lawyer, under his oath
pledges himself not to delay any man for money or malice and is bound
to conduct himself with all good fidelity to his clients. He is obliged to
report promptly the money of his clients that has come into his
possession. He should not commingle it with his private property or use
it for personal purposes without his client‘s consent. He should maintain
a reputation for honesty and fidelity to private trust.
19. WILKIE V LIMOS
• BG: Atty limos borrowed money but failed to return then issued bouncing
check which violates BP22, moral turp.
• DOCTRINES:
- Good moral character is not only a condition precedent to the
practice of law; its continued possession is also essential for
remaining in the practice of law.
- legal profession is a privilege demanding a high degree of good moral
character, not only as a condition precedent to admission, but also as a
continuing requirement for the practice of law.
20. NAPOCOR V JUDGE ADIONG
• BG: while it admits that judges are not to be administratively charged for
acts committed in the exercise of their judicial functions, respondent judge
had acted in violation of elementary rules that was equivalent to intolerable
and inexcusable gross ignorance of the law."
• DOCTRINES:
- "such ignorance of a basic rule in court procedure, as failing to conduct
pre-trial, sadly amounts to gross ignorance and warrants a
corresponding penalty."
- The SC said that Adiong disregarded an SC circular regarding the
raffling of cases when he allowed a member of his staff to exchange the
records of the aforementioned civil case with that in another branch of
the RTC.
- It noted that what Adiong did was a reflection of the moral obtuseness
which rendered him unfit to continue in the judicial office.
CHAPTER 3. The Lawyer and The Courts
(canons 10-13)
1. CARLET V. CA
• BG: The action of Atty Jimenez of filing a reconveyance case despite his
knowledge that there is finality of the case shows that he does not have
good faith towards the court.
• DOCTRINES: (canon 10)
- ON FORUM SHOPPING: When material facts or questions which were
in issue in a former action and were admitted or judicially determined
and are conclusively settled by a judgment rendered therein, such facts
or questions become res judicata and may not again be litigated in a
subsequent action between the same parties or their privies regardless
of the form of the latter.
- This is the essence of res judicata or bar by prior judgment.
2. BAUTISTA v. GONZALES
• BG: champertous contract (specifically in entering into a contingent fee
contract with the Fortunados— Accepting a case wherein he agreed with
his clients, namely, Alfaro Fortunado, Nestor Fortunado and Editha
Fortunado [hereinafter referred to as the Fortunados] to pay all expenses,
including court fees, for a contingent fee of fifty percent (50%) of the value
of the property in litigation.)
• DOCTRINES: (canon 16.04)
- CHAMPERTOUS: An agreement whereby an attorney agrees to pay
expenses of proceedings to enforce the client’s rights is
champertous. Such agreements are against public policy.
- Although a lawyer may in good faith, advance the expenses of litigation,
the same should be subject to reimbursement. The agreement between
respondent and the Fortunados, however, does not provide for
reimbursement to respondent of litigation expenses paid by him.
¥ C2021
3. THE INSULAR LIFE ASSURANCE CO. EMPLOYEES' ASSOCIATION V.
INSULAR LIFE ASSURANCE CO.
• BG: CIR Judge Martinez misquoted a SC decision. The Judge and the
respondent’s counsel are not liable for contempt.
• DOCTRINES:
- In citing SC’s decisions and rulings, it is the bounden duty of
courts, judges and lawyers to reproduce or copy the same word-
for-word and punctuation mark-for-punctuation mark. This is
because “only the decisions of this Honorable Court establish
jurisprudence or doctrines in this jurisdiction.”
- there was good faith in both the Judge and the respondent’s
counsel, hence their action is not liable for contempt.
4. ADEZ REALTY, INC. V. CA
• BG: Dacanay, guilty of intercalating a material fact in a decision of the CA,
which he appealed to this SC on cert., thereby altering the factual findings
of the Court of Appeals with the apparent purpose of misleading this Court
in order to obtain a favorable judgment. He claimed it was his client who did
so. HE LEARNED HIS LESSON. Disbarment lifted.
• DOCTRINES:
- The practice of law is a privilege burdened with conditions.
Adherence to the rigid standards of mental fitness, maintenance of
the highest degree of morality and faithful compliance with the
rules of the legal profession are the conditions required for
remaining a member of good standing of the bar and for enjoying
the privilege to practice law.
- The Supreme Court, as guardian of the legal profession, has ultimate
disciplinary power over attorneys. This authority to discipline its
members is not only a right, but a bounden duty as well. That is why
respect and fidelity to the Court is demanded of its members
5. ETERNAL GARDENS MEMORIAL PARK CORP. V. CA AND SEELIN
• BG: Seelin spouses filed a case against Central Dyeing for quieting of title.
Eternal Gardens Memorial Park Corp opposed claiming that it is the true
and registered owner of the property—having bought the same from
Central Dyeing in good faith.The case has delayed the execution of a final
judgment for 17 years.
• DOCTRINES:
- While lawyers owe entire devotion to the interests of their client’s
rights, they should not forget that they are officers of the court,
bound to exert every effort to assist in the speedy and efficient
administration of justice. They should not misuse the rules of
procedure to defeat the ends of justice or unduly delay a case, or
impede the execution of a judgment.
6. IN RE ALMACEN
• BG: The pleading filed by Atty. Almacen is interspersed from beginning to
end with insolent, contemptuous, grossly disrespectful and derogatory
remarks against the court, as well as its individual members. It would thus
appear that there is no justification for his scurrilous and scandalous
outbursts. Nonetheless the Court gave the unprecedented act of Atty.
Almacen the most circumspect consideration.
• DOCTRINES:
- For his “intestiture into the legal profession places upon his
shoulders no burden more basic, more exacting and more
imperative than that of respectful behavior toward the courts.”
- The decisions of the judge must be obeyed because he is the
tribunal appointed to decide, and the bar should at all times be the
foremost in rendering respectful submission.
7. ZALDIVAR V. GONZALES
• BG: Gonzales, the Special Prosec, talked to the media and said that the SC
deliberately rendered an erroneous decision, that members of the SC have
improperly pressured him to render decisions favorable to their friends and
colleagues, and that the Sc dismisses judges without rhyme or reason and
disbars lawyers without due process. Gonzalez didn’t deny he said/wrote
those statements. His defense is that he was just exercising his freedom of
speech.
• DOCTRINES:
- The SC, as the regulator and guardian of the legal profession, has
plenary disciplinary auth over attorneys. This stems from the Court’s
Constitutional mandate to regulate admission to the practice of law,
which includes as well authority to regulate the practice itself.
- A lawyer is not just a professional but also an officer of the court
and as such, is called upon to share in the task and responsibility
of dispensing justice and resolving disputes in society. Any act
which tends to obstruct the administration of justice constitutes
both professional misconduct calling for the exercise of
disciplinary action against him and conduct warranting application
of the contempt power.
8. MONTECILLO V. GICA
• BG: Atty. Del Mar made a veiled threat against the Court of Appeals judges
intimating that he thinks the CA justices “knowingly rendered an unjust
decision” and “judgment has been rendered through negligence” and filed
cases against judges.
• DOCTRINES:
- Atty. Del Mar, by his contemptuous acts is in violation of his duties to the
courts. As an officer of the court, it is his sworn and moral duty to
¥ C2021
 help build and not destroy unnecessarily the high esteem and - Unfounded accusations or allegations or words tending to embarrass
regard towards the court so essential to the proper administration the court or to bring it into disrepute have no place in a pleading.
of justice. - As officer of the court, Atty. Sorreda has the duty to uphold the
dignity and authority of the courts and to promote confidence in
9. PEOPLE V. JARDIN the fair administration of justice
• BG: Jardin for malversation of public funds thru falsification of public - Atty. Sorreda must be reminded that his first duty is not to his
documents on six counts. The accused moved to postpone the client but to the administration of justice, to which his client’s
investigation four times but the accused and his counsel failed to appear success is wholly subordinate. His conduct ought to and must
every time. Accused moved to postpone many times, failed still to appear. always be scrupulously observant of law and ethics.
When he finally appeared with his counsel, they asked for 15 days to file
memorandum. The memorandum was never filed. BASTA ALWAYS
12. ATTY. ALLAN APGUIA
POSTPONING EVERYTHING
• BG: In his Complaint for Dishonesty against Atty. Molina, Atty. Paguia
• DOCTRINES: CANON 12 accuses him of giving legal advice to his (Molina’s) clients to the effect that
- OBSTRUCTION OF JUSTICE: the “Times Preamble” was binding on Mr. Abreau who was never a party to
• the dilatory tactics of the defense counsel and the failure of the contract. When it comes to administrative cases against lawyers, two
both judge and the fiscal to take effective counter measures to things are to be considered: quantum of proof, which requires clearly
obviate the delaying acts constitute obstruction of justice. An preponderant evidence; and burden of proof, which is on the complainant.
attorney as an officer of the court is called upon to assist in the Here, the complaint was without factual basis. No bad faith.
due administration of justice.
• any act on the part of a lawyer that obstructs perverts or impedes the
• DOCTRINES:
- The rule on mistakes committed by lawyers in the exercise of their
administration of justice constitutes misconduct and justifies
profession is that an attorney-at-law is not expected to know all the
disciplinary action against him.
law. For an honest mistake or error, an attorney is not liable.
- No attorney is bound to know all the law; God forbid that it should
10. BUMANLANG V. BUMANLANG
be imagined that an attorney or a counsel, or even a judge, is
• BG: Atty Bumanlag filed his petition with the President by the fact that his
bound to know all the law.
motions for reconsideration "were only denied by the Clerk of Court without - The default rule is presumption of good faith.
any comment whatsoever". He was found making false statements and
misrepresentations in his petition to the President that he has been
13. ALDAY, et al. v. Judge Cruz
allegedly deprived of due process of law contrary to the facts of record as
stated in the Court's decision, and for gross ignorance of the law and of the
• BG: Judge Cruz was suspended after finding him guilty of conduct grossly
prejudicial to the service. Petition was filed by complainants whom he
Constitution in asking the President to set aside by decree this Court's
threatened with a gun during a traffic altercation. However, that despite our
decision imposing upon him two-year suspension from the practice of law".
suspension order, respondent judge continued to discharge the duties and
• DOCTRINES: CANON 13.03 exercise the functions of a judge.
- Misrepresentation: reprimand for gross ignorance of the law and of the
Constitution in having asked the President to set aside by decree the • DOCTRINES:
- Judges are expected to have more than a cursory acquaintance
Court's decision
with law and jurisprudence, and respondent judge is no exception
11. ATTY. NOEL SORREDA to this rule. 

• BG: Sorreda wrote a letter addressed to the Chief Justice over his
frustrations of the outcome of his cases decided by the Supreme Court.
The letter contained derogatory and malignant remarks which are highly
insulting.
• DOCTRINES: guilty of contempt

¥ C2021
CHAPTER 4. The Lawyer and The Client • DOCTRINES:
- It is evident that a communication made by a client to his attorney
(canons 14-22)
for the express purpose of its being communicated to a third
person is essentially inconsistent with the confidential relation.
1. FRANCISCO AND MERRYLAND DEVELOPMENT CORP. V. RITA MEJIA - It will be noted that the evidence in question concerned the dealings of
• BG: Contracted with Gutierrez for the latter to execute a deed of sale over the plaintiff's attorney with a third person.
certain parcels of land in favor of Cardale. Cardale defaulted in its payment.
Gutierrez then filed a petition with the trial court to have the Deed
rescinded. The case dragged on for 14 years because Francisco lost
interest in presenting evidence. And while the case was pending, Cardale
failed to pay real estate taxes over the properties in litigation hence, the
local government subjected said properties to an auction sale to satisfy the
tax arrears. The highest bidder in the auction sale was Merryland
Development Corporation (Merryland). Merryland is a corporation in which
Francisco was the President and majority stockholder ..

- Francisco did not inform the lower court that the properties were
delinquent in taxes
• DOCTRINES:
- The attendant fraud and bad faith on the part of Francisco
necessitates the piercing of the veil of corporate fiction in so far as
Cardale and Francisco are concerned.
- Only Francisco shall be held liable to pay the indebtedness to the
Gutierrez estate. What was only proven was that Francisco defrauded
the Gutierrez estate as clearly shown by the dubious circumstances
which caused the encumbered properties to be auctioned. By not
disclosing the tax delinquency, Francisco left Gutierrez in the dark. She
obviously acted in bad faith.

2. UY CHICO V. THE UNION LIFE, et al

• BG: Petitioner filed a case seeking the recovery of the proceeds of 2
insurance policies on stock of dry goods that was destroyed in a fire. These
policies were surrendered by the petitioner’s lawyer to the administrator of
his father’s estate, who had compromised with the defendant for 1⁄2 of the
face value of the insurance that was paid to the court. He alleged that said
policies belong to him and that he was not bound by the compromised
agreement made by the administrator. The company introduced evidence
showing that the petitioner had agreed to the settlement of the policies
when his lawyer surrendered the same to the estate’s administrator.
Petitioner, on the witness stand had been asked if he had any objection as
to his lawyer testifying concerning the surrender of the policies to which he
negatively replied. Whereupon, the lawyer of the petitioner formally
withdraw the waiver given by the petitioner and objected to the testimony
on the ground of privileged communication. NOT PRIVILEGED.

¥ C2021