b.

Ethics
i. Qualifications for new lawyers
Section 1, Rule 128 of the Rules of Court- Who may practice law
Any (natural) person heretofore duly admitted as a member of the bar, or hereafter
admitted as such in accordance with the provisions of this rule, and who is IN
GOOD AND REGULAR STANDING, is entitled to practice law.

Sec. 2, Rule 138; Requirements for all applicants for admission to the bar
Every applicant for admission as a member of the bar must be a citizen of the
Philippines, at least 21 years of age, of good moral character, and a resident of the
Philippines; and must produce before the Supreme Court satisfactory evidence of
good moral character; and no charges against him, involving moral turpitude, have
been filed or are pending in any court in the Philippines.

Requisites for admission to the bar:

a. Philippine Citizenship at time of taking the bar exams;
b. Residence: his/her duties to his client and to the court will require that he/she be
readily accessible and available;
c. age – at least 21 years old: maturity and discretion are required in the practice of
law;
d. good moral character and no charges involving moral turpitude;
purposes:
1. to protect the public;
2. To protect the public image of lawyers;
3. to protect prospective clients; and
4. to protect errant lawyers from themselves
Good moral character- this requirement is not only a condition precedent to
admission to the practice of law, its continued possession is also essential for
remaining in the practice of law. It is what a person really is.
e. Legal education consisting of pre-law and law proper
pre-law Sec. 6, Rule 138
Applicant must present a certificate that he or she had pursued and
satisfactorily completed in an authorized and recognized university or college, the
course of study prescribed therein for a bachelor's degree in arts or sciences. • The
university or college must require for admission the completion of a 4-year high
school course. If a Filipino citizen completed and obtained his or her Bachelor of
Laws degree or its equivalent in a foreign law school, he must also present proof of
completion of a separate bachelor’s degree course
 law proper Sec. 5, Rule 138 JURIS DOCTOR
Must satisfactorily show that they completed all the prescribed courses for a
degree of Bachelor of Laws (or its equivalent) • In a law school or university
recognized by the government or the proper authority in the foreign jurisdiction
where the degree has been granted Prescribed courses for a Bachelor of Laws
degree
a. Civil law b. Commercial law c. Remedial law d. Criminal law e. Public and
private international law f. Political law g. Labor and social legislation h. Medical
jurisprudence i. Taxation j. Legal ethics A Filipino citizen who graduated from a
foreign law school must submit to the SC certifications showing: a. Completion of
all courses leading to the degree of Bachelor of Laws or its equivalent degree; b.
Recognition or accreditation of the law school by the proper authority; and c.
Completion of all the fourth year subjects in the Bachelor of Laws academic
program in a law school duly recognized by the Philippine Government. Legal
Education Board Under R.A. No. 7662 (Legal Education Reform Act of 1993), the
Legal Education Board (LEB) was created in order to uplift the standards of legal
education by undertaking appropriate reforms in the legal education system,
requiring proper selection of law students, maintaining quality among law schools,
and requiring legal apprenticeship and continuing legal education. In Dec. 2016,
LEB promulgated LEB Memorandum Order No. 7, Series of 2016 which required
the Philippine Law School Admission Test (PhilSAT) as a prerequisite for
admission to the basic law courses leading either to a Bachelor of Laws or Juris
Doctor degree beginning school year 2017-2018. However, the SC declared LEB
Memorandum Order No. 7 as unconstitutional, as it “usurps the right and duty of
the law school to determine for itself the criteria for the admission of students and
thereafter, to apply such criteria on a case-to-case basis.” [Pimentel v. Legal
Education Board, G.R. Nos. 230642 & 242954 (2019)] The following powers of
the LEB were also declared unconstitutional: ● The authority over continuing legal
education; ● The authority over increasing awareness among members of the legal
profession of the needs of the poor, deprived and oppressed sectors of society; ●
The authority to establish a law practice internship as a requirement for taking the
Bar; ● The authority to adopt a system of mandatory continuing legal education; ●
The act and practice of excluding, restricting, and qualifying admissions to law
schools; ● The act and practice of dictating the qualifications and classification of
faculty members and deans; ● The act and practice of dictating the policies on the
establishment of legal apprenticeship and legal internship programs. Bar
examinations All applicants for admission shall file with the clerk of the Supreme
Court the evidence required under Sec. 2 at least 15 days before the beginning of
the examination. If the applicant is not covered by Secs. 3 and 4, they shall also file
within the same period the affidavit and certificate required by Sec. 5 [Sec. 7, Rule
138, RoC]. The clerk of the Supreme Court shall publish the notice of applications
for admission in newspapers published in Filipino, English and Spanish, for at least
10 days before the beginning of the examination [Sec. 8, Rule 138, RoC].
Examinees shall not bring papers, books or notes into the examination rooms. The
questions shall be the same for all examinees and a copy thereof, in English or
Spanish, shall be given to each examinee. Examinees shall answer the questions
personally without help from anyone
Upon verified application made by an examinee stating that his penmanship is so
poor that it will be difficult to read his answers without much loss of time, the
Supreme Court may allow such examinee to use a typewriter in answering the
questions. Only noiseless typewriters shall be allowed to be used. The committee
of bar examines shall take such precautions as are necessary to prevent the
substitution of papers or commission of other frauds. Examinees shall not place
their names on the examination papers. No oral examination shall be given [Sec.
10, Rule 138, RoC]. Examination for admission to the bar of the Philippines shall
take place annually in the City of Manila. They shall be held in 4 days to be
designated by the chairman of the committee on bar examiners [Sec. 11, Rule 138,
RoC]. First Day Morning Political and International Law Afternoon Labor and
Social Legislation Second Day Morning Civil Law Afternoon Taxation Third Day
Morning Mercantile Law Afternoon Criminal Law Fourth Day Morning Remedial
law Afternoon Legal Ethics and Practical Exercises A candidate is deemed to have
passed his examinations successfully if he obtained a general average of 75% in all
subjects, without falling below 50% in any subject [Sec. 14, Rule 138, RoC]. The
relative weights of the subjects used in determining the average are as follows:
Subject % Civil Law 15% Labor and Social Legislation 10% Mercantile Law 15%
Criminal Law 10% Political and International Law 15% Taxation 10% Remedial
Law 20% Legal and Ethics and Practical Exercises 5% Examinations shall be
conducted by a committee of bar examiners to be appointed by the Supreme Court.
This committee shall be composed of a Justice of the Supreme Court as chairman,
and 8 members of the bar, who shall hold office for a period of one year. The
names of the members of this committee shall be published in each volume of the
official reports [Sec. 12, Rule 138, RoC]. Pursuant to B.M. No. 1161 (2004), 2
examiners are designated per bar subject. The Bar Confidant acts as a sort of
liaison officer between the court and the Bar Chairman on one hand, and the
individual members of the committee on the other. He is at the same time a deputy
clerk of court. Not later than February 15th after the examination, or as soon
thereafter as may be practicable, the committee shall file its report on the result of
such examination. The examination papers and notes of the committee shall be
filed with the clerk and may there be examined by the parties in interest, after the
court has approved the report [Sec. 15, Rule 138, RoC]. Candidates who have
failed the bar examinations 3 times shall be disqualified from taking another
examination, provided that they may take a 4th and 5th examination if they show
to the satisfaction of the court that they have enrolled in and passed regular 4th
year review classes as well as attended a pre-bar review course in a recognized law
school for each examination [Sec. 16, Rule 138, RoC, as amended by B.M. No.
1161 (2004)]. No candidate shall endeavor to influence any member of the
committee, and during examination, the candidates shall not communicate with
each other nor shall they give or receive any assistance. Any violator shall be
barred from the examination, and the same to count as a failure against him, and
further disciplinary action may be taken in the discretion of the court [Sec. 13,
Rule 138, RoC]. Under R.A. No. 1080 (An Act Declaring the Bar and Board
Examinations as Civil Service Examinations), as amended by R.A. No. 1844, the
Bar examinations is declared as civil service examinations equivalent to: 1. First
grade regular examination for appointment to a position which requires proficiency
in law; and 2. Second grade regular examination for appointment to a position
which does not require proficiency in law.

f. pass the bar examinations

g. take the lawyer’s oath
h. sign the roll of attorneys.

includes those who reacquire Philippine Citizenship

Filipino citizenship is a continuing requirement for admission to the bar and a
continuing requirement for the practice of law. The loss of Filipino citizenship
means termination if membership in the bar and the privilege to engage in the
practice of law. A Filipino lawyer who becomes a citizen of another country and
later reacquires his Philippine citizenship under R.A. No. 225 remains to be a
member of the Philippine Bar. However, the right to resume the practice of law is
not automatic. RA 9225 provides that a person who intends to practice his
profession in the Philippines must apply with the proper authority for a license or
permit to engage in such practice.

In In re: Petition to reacquire the privilege to practice law in the Philippines of

Muneses, in pursuance to the practice of law, the Office of the Bar Confidant
required Muneses to submit the original and certified true copies of the following
documents in relation to his petition:
1. Petition for Re-Acquisition of Philippine Citizenship;
2. Order (for Re-Acquisition of Philippine Citizenship);
3. oath of Allegiance to the Republic of the Philippines;
4. Identification Certificate issued by the Bureau of Immigration;
5. Certificate of Good standing issued by the IBO;
. Certification from the IBP indicating updated payments of annual membership
dues;
7. Proof or payment of professional tax; and
8. Certificate of compliance issued by the MCLE office.
These documents will be submitted to the OBC and will be reviewed by the Court
en banc for resolution.

Before a lawyer who reacquires Filipino citizenship pursuant to RA 9225 can

resume his law practice, he must first secure from this Court the authority to do so,
conditioned on:
1. the updating and payment in full of the annual membership dues in the IBP;
2. the payment of professional tax;
3. the completion of at least 36 credit hours of mandatory continuing legal
education; this is especially significant to refresh the applicant’s/petitioner’s
knowledge of Philippine laws and update him of legal developments; and
4. the retaking of the lawyer’s oath which will not only remind him of his duties
and responsibilities as a lawyer and as an officer of the Court, but also renew his
pledge to maintain allegiance to the Republic of the Philippines.

Compliance with these conditions will restore his good standing as a member of
the Philippine Bar.

ii. Code of Professional Responsibility

CHAPTER I. THE LAWYER AND THE SOCIETY
CANON 1 – A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY
THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND
LEGAL PROCESSES.

Rule 1.01 –A lawyer shall not engage in unlawful, dishonest, immoral or deceitful
conduct.

Rule 1.02 A lawyer shall not counsel or abet activities aimed at defiance of the law
or at lessening the confidence in the legal system.

Rule 1.03 A lawyer shall not, for any corrupt motive or interest, encourage any suit
or proceeding or delay any man’s cause.

Rule 1.04 A lawyer shall encourage his clients to avoid, end or settle controversy if
it will admit of a fair settlement.
CANON 2 A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE
IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE
PROFESSION.

Rule 2.01 A lawyer shall not reject, except for valid reasons, the cause of the
defenceless or the oppressed.

Rule 2.02 In such cases, even if the lawyer does not accept a case, he shall not
refuse to render legal advice to the person concerned if only to the extent necessary
to safeguard the latter’s rights.

Rule 2.03 A lawyer shall not do or permit to be done any act designed primarily to
solicit legal business.

Rule 2.04 A lawyer shall not charge rates lower than customarily prescribed unless
the circumstances so warrant.

CANON 3 A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL

USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
IFORMATION OR STATEMENT OF FACTS.

Rule 3.01 A lawyer shall not use or permit the use of any false, fraudulent,
misleading, deceptive, undignified, self-laudatory or unfair statement or claim
regarding his qualifications or legal services.

Rule 3.02. In the choice of a firm name, no false, misleading or assumed name
shall be used. The continued misleading or assumed 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 withdraw from the firm
and his name shall be dropped from the firm name unless the law allows him to
practice law concurrently.

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.
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.

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 INFORMATION
REGARDING THE LAW AND JURISPRUDENE.

CANON 6 THESE CANONS SHALL APPLY TO LAWYERS IN

GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL
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..

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.

Rule 6.03 A lawyer shall not, after leaving government service, accept engagement
or employment in connection with any matter in which he had intervened while in
said service.

CHAPTER II THE LAWYER AND THE LEGAL PROFESSION

CANON 7 A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY

AND IDGNITY 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 bar.
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.

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.

CANON 8 A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,

FAIRNESS AND CANDOR TOWARD 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.

Rule .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.

CANON 9 A LAWYER SHALL NOT, DIRECTLY OR INDERECTLY, ASSIST

IN THE UNAUTHORIZZED 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.

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 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 the persons specified in the agreement.;

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

lawyer;

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 arrangement.
CHAPTER III THE LAWYER AND THE COURTS

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.

Rule 10.02 A lawyer shall not knowingly misquote or misrepresent the contents of
a paper, the language or 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.
Rule 10.03 A lawyer shall observe the rules of procedure and shall not misuse
them to defeat the ends of justice.

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.

Rule 11.01 A lawyer shall appear in court properly attired.

Rule 11.02 A lawyer shall punctually appear at court hearings.

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

language or behaviour before the courts.

Rule 11.04 A lawyer shall not attribute to a Judge motives not supported by the
record or have no materiality to the case.

Rule 11.05 A lawyer shall submit grievances against a Judge to the proper
authorities only.

CANON 12 A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER

IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT
ADMINSTRATION 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 proferrence. He should also be ready with the original documents for
comparison with the copies.

Rule 12.02 A lawyer shall not file multiple actions arising from the same cause.

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.

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.

Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself
or to impersonate another.

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

Rule 12.08 A lawyer shall avoid testifying in behalf of his client, except:

a. in 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.

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 the 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.

CHAPTER IV THE LAWYER AND THE CLIENT

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
unless:

a. he is no 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.

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 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 15.044 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.

CANON 166 A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND

PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.

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 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
interests 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.
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.

CANON 18 A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE

AND DILIGENCE.

Rule 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.

CANON 19 A LAWYER SHALL REPRESENT HIS CLIENT WITH

ZEALWITHIN THE BOUNDS OF THE LAW.

Rule 19.01 A lawyer shall employ only fair and honest means to attain 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 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.

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 services rendered or required;
b. the novelty and difficulty of the question 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
proferred case;
f. the customary chares 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.

CANON 21 A LAWYER SHALL PRESERVE THE CONFIDENCES 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 client.

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.

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 cases:
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 services or fails to comply with the
retainer agreement;
f. when the lawyer is elected or appointed to a 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 cooperate with his successor in the orderly transfer of the matter,
including all information necessary for the proper handling of the matter.

Duties incorporated in 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, nor 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
as to the courts as to my clients; and I impose myself this voluntary obligation
without any mental reservation or purpose of evasion. So help me God.

iii. Disqualifications/inhibitions for judges

RULE 13 DISQUALIFICATION OF JUDICIAL OFFICERS
Section 1 Disqualification of judges – No judge or judicial officer shall sit in any
case in which
a. he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or
otherwise,
b. or in which he is related to either party within the sixth degree of consanguinity
or affinity,
c. or to counsel within the fourth degree, computed according to the rules of the
civil law,
d. or in which he has been executor, administrator, guardian, trustee or counsel,
e. or in which he has 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.
Section 2 Objection that judge disqualified, how made and effect – If it be claimed
that an official is disqualified from sitting as above provided, the party objecting to
his competency may, in writing, file with the official his objection, stating the
grounds therefor, and the official shall thereupon proceed with the trial, or
withdraw therefrom, in accordance with his determination of the question of his
disqualification. His decision shall be forthwith made in writing and filed with
other papers in the case, but no appeal or stay shall be allowed from, or by reason
of, his decision in favor of his own competency, until after final judgment in the
case.

Section 5, Canon 3 of the New Code of Judicial Conduct for the Philippine
Judiciary
Section 5 Judges shall disqualify themselves from participation in any proceedings
in which they are unable to decide the matter impartially or in which it may appear
to a reasonable observer that they are unable to decide the matter impartially. Such
proceedings include, but are not limited to, instances where:
a, the judge has actual bias or prejudice concerning a party or personal knowledge
of disputed evidentiary facts concerning the proceedings;
b. the judge previously served as a lawyer or was a material witness in the matter
in the controversy;
c. the judge, or a member of his or her family, has an economic interest in the
outcome of the matter in controversy;
d. the judge served as executor, administrator, guardian, trustee, lawyer in the case
or matter in controversy, or a former associate of the judge served as counsel
during their association, or the judge or lawyer was a material witness therein;
e. the judge’s ruling a lower court is the subject of review;
f. the judge is related by consanguinity or affinity to a party litigant within the sixth
civil degree or to counsel within the fourth civil degree; or
g. the judge knows that his or her spouse or child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in
a party to the proceeding, or any other interest that could be substantially affected
by the outcome of the proceedings.

GROUNDS FOR COMPULSORY INHIBITION OF A JUDGE

a. Actual bias or prejudice
b. economic interest of judge or his family
c. reviewing own cases
d. previously served as counsel
VOLUNTARY
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.

A judge must maintain and preserve the trust and faith of the parties-litigants. He
must hold himself above reproach and suspicion. At the very first sign of lack of
faith and trust in his actions, whether well-grounded or not, the judge has no other
alternative but to inhibit himself from the case. A judge may not be legally
prohibited from sitting in a litigation, but when circumstances appear that will
induce doubt to his honest actuations and probity in favor of either party, or incite
such state of mind, he should conduct a careful self-examination. He should
exercise his discretion in a way that the people's faith in the courts of justice is not
impaired. The better course for the judge under such circumstances is to disqualify
himself. That way, he avoids being misunderstood, his reputation for probity and
objectivity is preserved [Bautista v. Rebueno, G.R. No. L-46117 (1978)]. A judge
should not be disqualified because he was a classmate (or a co-member in a
fraternity) of one of the counsels if there is no proof that such a relationship results
in actual bias or prejudice. To allow disqualification would unnecessarily burden
other trial judges to whom the case will be assigned. Confusion would result,
because a judge would then be barred from sitting in a case whenever one of his
former classmates (and he could have many) appeared [Masadao and Elizaga, cited
in Lex Pareto (2014)]. The mere fact that a counsel who is appearing before a
judge was one of those who recommended him to the Bench is not a valid ground
from voluntary inhibition. “Utang na loob” per se should not be a hindrance to the
administration of justice. Nor should recognition of such value prevent the
performance of judicial duties. However, where the judge admits that he may be
suspected of surrendering to the persuasions of utang na loob, and he may succumb
to it considering that he and members of the family no less shall ever remain
obliged in eternal gratitude to the recommending counsel, the judge should inhibit
himself [Query of Executive Judge Estrella Estrada, etc, A.M. No. 87-9-3918-RTC
(1987) cited in Lex Pareto (2014)]. The mere imputation of bias or partiality is not
enough ground for inhibition, especially when the charge is without basis.
Extrinsic evidence must further be presented to establish bias, bad faith, malice, or
corrupt purpose, in addition to palpable error which may be inferred from the
decision or order itself [Philippine Commercial International Bank v. Dy Hong Pi,
G.R. No. 171137 (2009)]. The objecting party to his competency may, in writing,
file with the subject official his objection and its grounds. The said official may, in
accordance with his determination of the question of his disqualification, either: 1)
proceed with the trial or 2) withdraw therefrom. The decision of the said official
shall be in writing and filed with the other papers in the case, but no appeal or stay
shall be allowed from, or by reason of, his decision in favor of his own
competency, until final judgment in the case [Sec. 2]

iv. Direct and indirect contempt

RULE 71 CONTEMPT, RULES OF COURT

Section 1 Direct contempt punished summarily – A person guilty of misbehaviour

in the presence of or so near a court as to obstruct or interrupt the proceedings
before the same, including disrespect toward the court, offensive personalities
toward others, or refusal to be sworn or to answer as a witness, or to subscribe an
affidavit or deposition when lawfully required to do so, may be summarily
adjudged in contempt by such court and punished by a fine not exceeding P2,000
or imprisonment not exceeding 10 days or both, if it be a Regional Trial Court or a
court of equivalent or higher rank, or by a fine not exceeding P200 or
imprisonment not exceeding 1 day, or both, if it be a lower court

RTC or higher court – P2,000 fine

- 10 days imprisonment
- Fine and imprisonment

MTC, MTCC, MCTC, MeTC/lower court-P200 fine

- 1 day imprisonment
- Fine and imprisonment

Sec. 2 Remedy therefrom – The person adjudged in direct contempt by any court
may not appeal therefrom, but may avail himself of the remedies of certiorari or
prohibition. The execution of the judgment shall be suspended pending resolution
of such petition, provided such person files a bond fixed by the court which
rendered the judgement and conditioned that he will abide by and perform the
judgment should the petition be decided against him.

Sec. 3 Indirect contempt to be punished after charge and hearing – After a charge
in writing has been filed, and an opportunity given to the respondent to comment
thereon within such period as may be fixed by the court and to be heard by himself
or counsel, a person guilty of any of the following acts may be punished for
indirect contempt:

a. misbehaviour of an officer of a court in the performance of his official duties or

in his official transactions;
b. disobedience of or resistance to a lawful writ, process, order, or judgment of a
court, including the act of a person who, after being dispossessed or ejected from
any real property or by the judgment or process of any court of competent
jurisdiction, enters or attempts or induces another to enter unto or upon such real
property, for the purpose of executing acts of ownership or possession, or in any
manner disturbs the possession given to the person adjudged to be entitled thereto;
c. any abuse of or any unlawful interference with the processes or proceedings of a
court not constituting direct contempt under Section 1 of this Rule;
d. any improper conduct tending, directly or indirectly, to impede, obstruct, or
degrade the administration of justice;
e. assuming to be an attorney or an officer of a court, and acting as such without
authority;
f. failure to obey a subpoena duly served;
g. the rescue, or attempted rescue, of a person or property in the custody of an
officer by virtue of an order or process of a court held by him.

But nothing in this section shall be construed as to prevent the court from issuing
process to bring the respondent into court, or from holding him in custody pending
such proceedings.

Sec. 4 How proceedings commenced – Proceedings for indirect contempt may be

initiated motu proprio by the court against which the contempt was committed by
an order or any other formal charge requiring the respondent to show cause why he
should not be punished for contempt.
In all other cases, charges for indirect contempt shall be commenced by a
verified petition with supporting particulars and certified true copies of documents
or papers involved therein, and upon full compliance with the requirements for
filing initiatory pleadings for civil actions in the court concerned. If the contempt
charges arose out of or are related to a principal action pending in the court, the
petition for contempt shall allege that fact but said petition shall be docketed, heard
and decided separately, unless the court in its discretion orders the consolidation of
the contempt charge and the principal action for joint hearing and decision.

Sec. 5 where charge to be filed – Where the charge for indirect contempt has been
committed against a Regional Trial Court or a court of equivalent or higher rank,
or against an officer appointed by it, the charge may be filed with such court.
Where such contempt has been committed against a lower court, the charge may be
filed with the Regional Trial Court of the place in which the lower court is sitting;
but the proceedings may also be instituted in such lower court subject to appeal to
the Regional Trial Court of such place in the same manner as provided in
Section11 of this Rule.

Sec. 6 Hearing; release on bail – If the hearing is not ordered to be had forthwith,
the respondent may be released from custody upon filing a bond, in an amount
fixed by the court, for his appearance at the hearing of the charge. On the day set
therefor, the court shall proceed to investigate the charge and consider such
comment, testimony or defense as the respondent may make or offer.

Sec. 7 Punishment for indirect contempt – If the respondent is adjudged guilty of

indirect contempt committed against a Regional Trial Court or a court of
equivalent or higher rank, he may be punished by a fine not exceeding P30,000 or
imprisonment not exceeding 6 months, or both.

If he is adjudged guilty of contempt committed against a lower court, he may be

punished by a fine not exceeding P5,000 or imprisonment not exceeding 1 month,
or both.

If the contempt consists in the violation of a writ of injunction, temporary

restraining order or status quo order, he may also be ordered to make complete
restitution to the party injured by such violation of the property involved or such
amount as may be alleged and proved.

The writ of execution, as in ordinary civil actions, shall issue for the enforcement
of a judgment imposing a fine unless the court otherwise provides.

Sec. 8 Imprisonment until order obeyed – When the contempt consists in the
refusal or omission to do an act which is yet in the power of the respondent to
perform, he may be imprisoned by order of the court concerned until he performs
it.

Sec. 9 Proceeding when party released on bail fails to answer – When a respondent
released on bail fails to appear on the day fixed for the hearing, the court may issue
another order of arrest or may order the bond for his appearance to be forfeited and
confiscated, or both; and if the bond be proceeded against, the measure of damages
shall be the extent of the loss or injury sustained by the aggrieved party by reason
of the misconduct for which the contempt charge was prosecuted, with the costs of
the proceedings and such recovery shall be for the benefit of the party injured. If
there is no aggrieved party, the bind shall be liable and disposed of as in criminal
case.
Sec. 10 Court may release respondent - The court which issued the order
imprisoning a person for contempt may discharge him from imprisonment when it
appears that public interest will not be prejudiced by his release.

Sec. 11 Review of judgment or final order; bond for stay – The judgment or final
order of a court in a case of indirect contempt may be appealed to the proper court
as in criminal cases. But execution of the judgment or final order shall not be
suspended until a bond is filed by the person adjudged in contempt, in an amount
fixed by the court from which the appeal is taken, conditioned that if the appeal be
decided against him he will abide by and perform the judgment of final order.

Sec. 12. Contempt against quasi-judicial entities- Unless otherwise provided by

law, this Rule shall apply to contempt committed against persons, entities, bodies
or agencies exercising QUASI-JUDICIAL FUNCTIONS, or shall have
supppletory effect to such rules as they may have adopted pursuant to authority
granted to them by law to punish for contempt. The Regional Trial Court of the
place wherein the contempt has been committed shall have jurisdiction over such
charges as may be filed therefor.

c. Practical Exercises
i. Parts of conveyancing
Parts of contract form:
Title
Announcement
Actors
Recitals
Agreement
Conditions
Signatories
Acknowledgment
TAARACSA

affidavits – is a sworn statement or declaration reduced in writing and sworn to or

affirmed before some officer who has authority to administer an oath or
affirmation. It is a written statement under oath taken before an authorized officer.

PARTS OF AFFIDAVIT:
Venue of Execution
Title
Person’s Bona Fides
Oath
Statement
Signature
Jurat
Code: VeTiPe-OSta-SiJu

ii. Parts of pleadings

Caption
Title
Introduction
Body
Relief
Attorney’s Box
Addenda
Code-CAPTIBRA-A

Motions- are applications for relief other than by a pleading.

Contents: 1. Statement of the relief sought
2. grounds upon which the motion is based
3. supporting affidavits and other papers so mandated by the Rules or when
necessary to prove the facts stated in the motion.