G.

DUTIES OF LA WYERS UNDER SPECIFIC PROVISIONS IN THE RULES OF COURT

1. Judgments, final orders, and entry of judgments

RULE 138 Attorneys and Admission to Bar

Section 20. Duties of attorneys. — It is the duty of an attorney:

(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;

Section 22. Attorney who appears in lower court presumed to represent client on appeal. — An
attorney who appears de parte in a case before a lower court shall be presumed to continue
representing his client on appeal, unless he files a formal petition withdrawing his appearance in the
appellate court.

Section 23. Authority of attorneys to bind clients. — Attorneys have authority to bind their clients in
any case by any agreement in relation thereto made in writing, and in taking appeals, and in all
matters of ordinary judicial procedure. But they cannot, without special authority, compromise their
client's litigation, or receive anything in discharge of a client's claim but the full amount in cash.

JURISPRUDENCE:

1) Neither can petitioners exempt themselves or their properties from the operation of a final
and executory judgment by harping on their counsel's · negligence. Jurisprudence is replete with
pronouncements that clients are bound by the actions of their counsel in the conduct of their case. If
it were otherwise, and a lawyer's mistake or negligence was admitted as a reason for the opening of
the case, there would be no end to litigation so long as counsel had not been sufficiently diligent or
experienced or learned. The only exception to the general rule is when the counsel's actuations are
gross or palpable, resulting in serious injustice to client, that courts should accord relief to the
party. Indeed, if the error or negligence of the counsel did not result in the deprivation of due process
to the client, nullification of the decision grounded on grave abuse of discretion is not warranted. The
instant case does not fall within the exception since petitioners were duly given their day in court.

Furthermore, it is a well-settled principle in this jurisdiction that a client is bound by the action of his
counsel in the conduct of the case and cannot be heard to complain that the result might have been
different had he · proceeded differently. Every counsel has the implied authority to do all acts which
are necessary or, at least, incidental to the prosecution and management of the suit in behalf of his
client. And, any act performed by · counsel within the scope of his general and implied authority is, in
the eyes of law, regarded as the act of the client himself and consequently, the mistake or
negligence of the client's counsel may result in the rendition of unfavorable judgment against him.
(LIGAYA MENDOZA and ADELIA MENDOZA vs. THE HONORABLE COURT OF APPEALS, G.R.
No. 182814 July 15, 2015)

2. Contempt

RULE 138 Attorneys and Admission to Bar

Section 20. Duties of attorneys. — It is the duty of an attorney:

(b) To observe and maintain the respect due to the courts of justice and judicial officers;
JURISPRUDENCE:

1) As officers of the court, lawyers are duty-bound to observe and maintain the respect due to
the courts and judicial officers. They are to abstain from offensive or menacing language or behavior
before the court and must refrain from attributing to a judge motives that are not supported by the
record or have no materiality to the case. (RET. JUDGE VIRGILIO ALPAJORA vs. ATTY.
RONALDO ANTONIO V. CALAYAN, A.C. No. 8208 January 10, 2018)

3. Arraignment and plea

RULE 138 Attorneys and Admission to Bar

Section 20. Duties of attorneys. — It is the duty of an attorney:

(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.

JURISPRUDENCE:
1) The right to counsel must be more than just the presence of a lawyer in the courtroom or the
mere propounding of standard questions and objections. The right to counsel means that the
accused is amply accorded legal assistance extended by a counsel who commits himself to the
cause for the defense and acts accordingly. The right assumes an active involvement by the lawyer
in the proceedings, particularly at the trial of the case, his bearing constantly in mind of the basic
rights of the accused, his being well-versed on the case, and his knowing the fundamental
procedures, essential laws and existing jurisprudence. The right of an accused to counsel finds
substance in the performance by the lawyer of his sworn duty of fidelity to his client. Tersely put, it
means an efficient and truly decisive legal assistance and not a simple perfunctory representation.
(PEOPLE OF THE PHILIPPINES vs. BONIFACIO DURANGO y CARCEDO, G.R. No. 135438-39
April 5, 2000)

4. Attorney-client privilege

RULE 138 Attorneys and Admission to Bar

Section 20. Duties of attorneys. — It is the duty of an attorney:

(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;

5. Powers and duties of court and judicial officers

RULE 138 Attorneys and Admission to Bar

Section 20. Duties of attorneys. — It is the duty of an attorney:

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

JURISPRUDENCE:
As officers of the court, lawyers are duty-bound to observe and maintain the respect due to the
courts and judicial officers. They are to abstain from offensive or menacing language or behavior
before the court and must refrain from attributing to a judge motives that are not supported by the
record or have no materiality to the case. (RET. JUDGE VIRGILIO ALPAJORA vs. ATTY.
RONALDO ANTONIO V. CALAYAN, A.C. No. 8208, January 10, 2018)

6. Disqualification of judicial officers/inhibition

RULES OF COURT RULE 137 Disqualification of Judicial Officers

Section 1. Disqualification of judges. — No judge or judicial officer shall sit in any case in which he,
or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is
related to either party within the sixth degree of consanguinity or affinity, or to counsel within the
fourth degree, computed according to the rules of the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in which he has been presided in any inferior court
when his ruling or decision is the subject of review, without the written consent of all parties in
interest, signed by them and entered upon the record.

A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just
or valid reasons other than those mentioned above.

REPUBLIC ACT NO. 910

Section 1. When a Justice of the Supreme Court or of the Court of Appeals who has rendered at
least twenty years' service either in the judiciary or in any other branch of the Government, or in
both, (a) retires for having attained the age of seventy years, or (b) resigns by reason of his
incapacity to discharge the duties of his office, he shall receive during the residue of his natural life,
in the manner hereinafter provided, the salary which he was receiving at the time of his retirement or
resignation. And when a Justice of the Supreme Court or of the Court of Appeals has attained the
age of fifty-seven years and has rendered at least twenty-years' service in the Government, ten or
more of which have been continuously rendered as such Justice or as judge of a court of record, he
shall be likewise entitled to retire and receive during the residue of his natural life, in the manner also
hereinafter prescribed, the salary which he was then receiving. It is a condition of the pension
provided for herein that no retiring Justice during the time that he is receiving said pension shall
appear as counsel before any court in any civil case wherein the Government or any subdivision or
instrumentality thereof is the adverse party, or in any criminal case wherein and officer or employee
of the Government is accused of an offense committed in relation to his office, or collect any fee for
his appearance in any administrative proceedings to maintain an interest adverse to the
Government, insular, provincial or municipal, or to any of its legally constituted officers.

REPUBLIC ACT No. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers
already penalized by existing law, the following shall constitute corrupt practices of any public officer
and are hereby declared to be unlawful:

(d) Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency thereof
or within one year after its termination.
 7. Withdrawal from case

RULE 138 Attorneys and Admission to Bar

Section 26. Change of attorneys. — An attorney may retire at any time from any action or special
proceeding, by the written consent of his client filed in court. He may also retire at any time from an
action or special proceeding, without the consent of his client, should the court, on notice to the
client and attorney, and on hearing, determine that he ought to be allowed to retire. In case of
substitution, the name of the attorney newly employed shall be entered on the docket of the court in
place of the former one, and written notice of the change shall be given to the advance party.

A client may at any time dismiss his attorney or substitute another in his place, but if the contract
between client and attorney has been reduced to writing and the dismissal of the attorney was
without justifiable cause, he shall be entitled to recover from the client the full compensation
stipulated in the contract. However, the attorney may, in the discretion of the court, intervene in the
case to protect his rights. For the payment of his compensation the attorney shall have a lien upon
all judgments for the payment of money, and executions issued in pursuance of such judgment,
rendered in the case wherein his services had been retained by the client.

8. Standing in court of persons authorized to appear for the government

RULE 138 Attorneys and Admission to Bar

Section 33. Standing in court of person authorized to appear for Government. — Any official or
other person appointed or designated in accordance with law to appear for the Government of the
Philippines shall have all the rights of a duly authorized member of the bar to appear in any case in
which said government has an interest direct or indirect.

9. Government lawyers and private practice

Republic Act No. 6713             February 20, 1989

Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical Standards for Public
Officials and Employees."

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and
employee shall observe the following as standards of personal conduct in the discharge and
execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always
uphold the public interest over and above personal interest. All government
resources and powers of their respective offices must be employed and used
efficiently, effectively, honestly and economically, particularly to avoid wastage in
public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge
their duties with the highest degree of excellence, professionalism, intelligence and
skill. They shall enter public service with utmost devotion and dedication to duty.
They shall endeavor to discourage wrong perceptions of their roles as dispensers or
peddlers of undue patronage.
 (c) Justness and sincerity. - Public officials and employees shall remain true to the
people at all times. They must act with justness and sincerity and shall not
discriminate against anyone, especially the poor and the underprivileged. They shall
at all times respect the rights of others, and shall refrain from doing acts contrary to
law, good morals, good customs, public policy, public order, public safety and public
interest. They shall not dispense or extend undue favors on account of their office to
their relatives whether by consanguinity or affinity except with respect to
appointments of such relatives to positions considered strictly confidential or as
members of their personal staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to
everyone without unfair discrimination and regardless of party affiliation or
preference.

(e) Responsiveness to the public. - Public officials and employees shall extend
prompt, courteous, and adequate service to the public. Unless otherwise provided by
law or when required by the public interest, public officials and employees shall
provide information of their policies and procedures in clear and understandable
language, ensure openness of information, public consultations and hearings
whenever appropriate, encourage suggestions, simplify and systematize policy, rules
and procedures, avoid red tape and develop an understanding and appreciation of
the socio-economic conditions prevailing in the country, especially in the depressed
rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be
loyal to the Republic and to the Filipino people, promote the use of locally produced
goods, resources and technology and encourage appreciation and pride of country
and people. They shall endeavor to maintain and defend Philippine sovereignty
against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit

themselves to the democratic way of life and values, maintain the principle of public
accountability, and manifest by deeds the supremacy of civilian authority over the
military. They shall at all times uphold the Constitution and put loyalty to country
above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest
lives appropriate to their positions and income. They shall not indulge in extravagant
or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance
of these standards including the dissemination of information programs and workshops
authorizing merit increases beyond regular progression steps, to a limited number of
employees recognized by their office colleagues to be outstanding in their observance of
ethical standards; and (2) continuing research and experimentation on measures which
provide positive motivation to public officials and employees in raising the general level of
observance of these standards.

Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials
and employees now prescribed in the Constitution and existing laws, the following shall constitute
prohibited acts and transactions of any public official and employee and are hereby declared to be
unlawful:
 xxxxxxx

(b) Outside employment and other activities related thereto. - Public officials and employees
during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee, consultant,

counsel, broker, agent, trustee or nominee in any private enterprise regulated,
supervised or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided, that such practice will not conflict or tend to conflict with
their official functions; or

(3) Recommend any person to any position in a private enterprise which has a
regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation,
retirement, or separation from public office, except in the case of subparagraph (b) (2)
above, but the professional concerned cannot practice his profession in connection with any
matter before the office he used to be with, in which case the one-year prohibition shall
likewise apply.

LOCAL GOVERNMENT CODE OF 1991

Section 90. Practice of Profession. -

(a) All governors, city and municipal mayors are prohibited from practicing their profession or
engaging in any occupation other than the exercise of their functions as local chief
executives.

(b) Sanggunian members may practice their professions, engage in any occupation, or teach
in schools except during session hours: Provided, That sanggunian members who are also
members of the Bar shall not:

(1) Appear as counsel before any court in any civil case wherein a local government
unit or any office, agency, or instrumentality of the government is the adverse party;

(2) Appear as counsel in any criminal case wherein an officer or employee of the
national or local government is accused of an offense committed in relation to his
office.

(3) Collect any fee for their appearance in administrative proceedings involving the
local government unit of which he is an official; and

(4) Use property and personnel of the government except when the sanggunian
member concerned is defending the interest of the government.

10. Amicus curiae

RULE 138 Attorneys and Admission to Bar

Section 36. Amicus Curiae. — Experienced and impartial attorneys may be invited by the Court to
appear as amici curiae to help in the disposition of issues submitted to it.