GENERAL PRINCIPLES AND CONSIDERATIONS
Not wittingly or willingly promote or sue any groundless,
Lawyer's Oath
I, ______________, do solemnly swear that I will maintain
allegiance to the Republic of the Philippines, I will support the
Constitution and obey the laws as well as the legal orders of
the duly constituted authorities therein; I will do no falsehood,
nor consent to the doing of any in court; I will not wittingly or
willingly promote or sue any groundless, false or unlawful suit, or
give aid nor consent to the same; I will delay no man for
money or malice, and will conduct myself as a lawyer
according to the best of my knowledge and discretion, with all
good fidelity as well to the courts as to my clients; and I impose
upon myself these voluntary obligations without any mental
reservation or purpose of evasion. So help me God.
Enuminical Prayer for the Courts
Almighty God, we stand in your Holy presence as our supreme
judge.
We humbly beseech you to bless and inspire us, so that what
we think, say and do will be in accordance with Your will.
Enlighten our minds, strengthen our spirit and fill our hearts with
fraternal love, wisdom and understanding, so that we can
become effective channels of truth, justice and peace.
In our proceedings today, guide us in the path of righteousness
for the fulfillment of your greater glory.
Amen.
Duties and Obligations
1. Maintain allegiance to the Republic of the Philippines
2. Support its Constitution and obey the laws, as well as the
legal orders of the duly constituted authorities therein
3. Do no falsehood, nor consent to the doing of any in court
4.
false or unlawful suit, or give aid nor consent to the same
5. Delay no man for money or malice
6. Conduct myself as a lawyer according to the best of my
knowledge and discretion, with all good fidelity as well to
the courts as to my clients
Practice of Law
− Privilege given to a chosen few
− Basic ideal is to render public service and secure justice for
those who seeks its aid (Mayer v. State Bar)
− A lawyer forms part of the machinery of justice
administered by the courts
− Professional standards must be constantly inculcated
among lawyers
What is a Lawyer?
Class of persons who, by license, are officers of the court and
who are empowered to appear, prosecute and defend and
whom peculiar duties, responsibilities and liabilities are
devolved by law as a consequence
Conditions in Order to Practice Law
1. Must have passed the Bar Examinations;
2. Taken the Lawyer’s Oath; and
3. Signed in the Roll of Attorneys
∗ Those who pass the Shari’a Bar are NOT entitled to be
called “ATTORNEYS”, but as “COUNSELORS”, unless they
have also been admitted to the Philippine Bar
∗ Only those who are admitted to the Philippine Bar can
be called “ATTORNEYS”.
Definition of Terms
a) Counsel de Parte - attorney retained by the party litigant,
usually for a fee, to prosecute or defend his cause in Court.
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 Connotes freedom of choice on the part of the attorney to
accept or decline the employment or on the part of the
litigant to continue or terminate the retainer at any time.
b) Counsel de Officio – attorney appointed by the court to
defend an indigent defendant in a criminal action or to
represent a destitute party in a case. Connotes little or no
choice than the acceptance by the indigent party of
whoever is appointed as his counsel, and unless excused
therefrom by the court, the discharge by the designated
attorney of the duty to faithfully and conscientiously render
effective legal assistance.
∗ They are not necessarily a member from the P.A.O., but
from the IBP Legal Aid
∗ There is a little or limited leeway, or no choice at all as to
the choice of client EXCEPT there is CONFLICT OF
INTEREST
∗ The client also do not have the choice who will be the
lawyer to represent them, unless the lawyer is not giving
the service the service that the client deserved
COMPENSATION: there is little to no compensation
e) Amicus Curiae - an experienced and impartial attorney
invited by the court to appear and help in the disposition of
issues submitted to it.
It implies friendly intervention of counsel to call the attention
of the court to some matters of law or facts which might
otherwise escape its notice and in regard to which it might
go wrong
∗ They are invited in Novel and Complicated Cases
∗ They are the ― “Friend of the Court”
f) Bar - refers to “Legal Profession”
g) Bench - refers to “Judiciary”
THE LEGAL PROFESSION
The Practice of Law as a Profession
− Noble profession
− Not a money-making business or enterprise
− Both right and obligation
− A lawyer is officer of the court and a quasi-judicial officer

c) Lawyer of Counsel - an experience lawyer, who is usually a Four-Fold Obligation

retired member of judiciary employed by law firms as 1. To the Court
consultant. 2. To the Client
d) Attorney of Record - Attorney whose name, together with 3. To the Society
his address, is entered in the record of the case as the 4. To the Colleagues
designated counsel of the party litigant in the case and to ∗ In one case, the Supreme Court emphasized the
whom judicial notices thereto are sent. importance of a lawyer in the judicial system in that the
Importance: wheels of justice are most, if not all the time, starts with
∗ The court knows who is the Attorney of the client the act of the attorney
∗ Any letters, pleadings, and others is received by the
Attorney of record is TANTAMOUNT to receive of the Standards of Legal Profession
client 1. Independence
− Lawyers must not be influenced by outside forces

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 − Lawyers must not be bias – you should look at all the
angles of the case
− Win-Win solution is the BEST!
2. Accessibility
− As an officer of the court, lawyer should be accessible
to everyone
3. Learning
− Learning is a continuing process for lawyers because
laws are dynamic, changing and fluid
CONCEPT ON THE PRACTICE OF LAW
Practice of Law
- Any activity in and out of court which requires the
application of law, legal procedure, knowledge, training,
and experience
- Connotes HABITUALITY (doing in a regular manner)
Practice
− Connotes more than an isolated appearance
− Consist of frequent/customary actions; a succession of acts
of the same kind.
PP v. Villanueva
− Prosecutor Fule, Assistant City Prosecutor in San Pablo, Laguna, enter into
appearance as PRIVATE PROSECUTOR in a criminal case
− He entered a Private Prosecutor but with the approval of the Secretary of
Justice; He said that his time allotted in the case will not impede his service as
a Prosecutor; the jurisdiction in such court is different
Issue: Is he entitled in practicing?
∗ the case is an isolated case and by virtue of RULE 138 of the Rules of Court,
he went there not as a Lawyer but as a Agent of the Complainant
∗ there is no habituality, hence he was not illegally practicing law
− Frequent habitual exercise
− customarily or habitually holding one’s self out to the public
and demanding payment for such services
− Includes legal advise and counselling, preparation of legal
instruments and contracts by which legal rights are secured
which may or not be pending in court
− Includes representation in court as well as the presentation
before other agencies also includes activities outside of
court
Cayetano v. Monsod
Practice of Law is not limited to the conduct of cases or litigant in court,
it embraces the:
∗ preparation of pleadings and other papers incident to actions and
special proceedings
∗ the management of such actions and proceedings on behalf of
clients before judges and courts
∗ conveying
− “Private Practice” means an individual organization engaged in the
delivery of legal services
− Engaging in the practice of law presupposes existence of an attorney-
client relationship
− It also engages in the business of advising person, firms, associations or
corporations as to their rights under the law, or appears in a
representative capacatiy as an advocate in proceedings pending or
prospective, before any court, commissioner, referee, board, body,
committee, or commission constituted by law or authorized to settle
controversies
3 Principal Types of Activities
1. Legal advice and instructions to clients to inform them of
their rights and obligations
2. Preparation of pleadings and documents requiring
knowledge of legal principles
3. Appearance for clients before public tribunals which
possess power and authority to determine rights and life,
liberty and property according to law
Criteria Determinative of Engaging in the Practice of Law
1. Habituality
- Implies habitually holding himself out to the public as a
lawyer
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2. Compensation
- Lawyer presented himself to be in active practice and
that his professional services are available to the public
for compensation, as a source of his livelihood or in
consideration of his said service
3. Application of law, legal principles, practice and
procedure
− Calls for legal knowledge, training and experience
4. Attorney-Client Relationship
Q: When does the Attorney-Client Relationship start?
A: It starts when the moment the attorney have known the
information that is in confidence
Ulep v. Legal Clinic, Inc.
Petitioner avers that the advertisements reproduced are champertous,
unethical, demeaning of the law profession, and destructive ofthe
confidence of the community in the integrity of the members of the bar
and that, as a member of the legal profession, he is ashamed and
offended by the said advertisements. Respondent admits the fact of
publication of said advertisements at its instance, but claims that it is not
engaged in the practice of law but in the rendering of "legal support
services" through paralegals withthe use of modern computers and
electronic machines.
Issue: Was there a practice of law?
Ruling: Yes. The Legal Clinic is engaged in the practice of law and such
practice is not allowed. Respondent is composed mainly of paralegals; the
services it offers include various legal problems wherein a client may avail
of legal services from simple documentation to complex litigation and
corporate undertakings. Most of these services are undoubtedly beyond
the domain of paralegals, but rather, are exclusive functions of lawyers
engaged in the practice of law.
Under Philippine jurisdiction however, the services being offered by Legal
Clinic which constitute practice of law cannot be performed by
paralegals. Only a person duly admitted as a member of the bar and who
is in good and regular standing, is entitled to practice law.
Aguirre v. Rana
The Supreme Court ruled that:
− Before one is admitted to the Philippine Bar, he must possess the requisite of
moral integrity for membership in the legal profession.
Profession of moral integrity is of greater importance than possession of
learning language
− The practice of law is a privilege bestowed only on the morally fit
− A bar candidate who is morally unfit cannot practice law even if he possess
the bar examinations
Feliciano v. Bautista-Lozada
Practice of law includes “performing acts which are characteristics of the
legal profession” or “rendering any kind of service which requires the use in
any degree of legal knowledge or skill
The Practice of Law is a “Privilege”. It is not a Business or a
Trade
Bongalonta v. Castillo
v The practice of law is not a right but a privilege bestowed
by the State on those who show that they possess, and
continue to possess, the qualifications required by law for
the conferment of such privilege. One of these
requirements is the observance of honesty and candor.
In Re: Argosino
v The practice of law is not a natural, absolute or
constitutional right to be granted and everyone who
demands. Rather, it is a right personal privilege limited to
citizens of Good Moral Character, with special educational
qualifications, duly ascertained and certified
v The upright character prescribed by the Statute, as a
condition precedent to the applicant’s right to receive a
license to practice
v Requirement of good moral character is of greater
importance so far as the general public and the proper
administration of justice is concerned.
v There is a very real need to prevent a general perception
that entry into the legal profession is open to individuals with
inadequate moral qualifications. The growth of such a
perception would signal the progressive destruction of our
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 people’s confidence in their courts of law and in our legal
system as we know it.
v Good moral character is a requirement possession of which
must be demonstrated not only at the time of application
for permission to take the bar examinations but also, and
more importantly, at the time of application for admission
to the bar and to take the attorney’s oath of office.
Persons Entitled to Practice of Law
Sec. 1, Rule 138, Rules of Court: ―Any person who has been
duly licensed as a member of the bar in accordance with the
statutory requirements and who is in good and regular
standing
Two Basic Requirements Under Rule 138
A. Admission to the bar
A Proof of educational, moral and other qualification
1. Citizen of the Philippines (it is not necessary that a
citizen is a natural born citizen)
2. Resident of the Philippines
3. Atleast 21 years of age
4. Of good moral character
5. No charges against him (involving moral turpitude,
have been filed or are pending in any court in the
Philippines)
6. Regularly studied law for 4 years and successfully
completed all prescribed courses
7. Graduate of a 4-year high school course
8. Graduate of a Bachelor’s degree
B Passing the Bar Exam
− 4 Sundays in November
− 8 Subjects: Political Law and Labor & Social Legislation
(1st Sunday), Civil Law and Taxation (2nd Sunday),
Mercantile Law and Criminal Law (3rd Sunday),
Remedial Law and Legal Ethics and Practical Exercises
(4th Sunday)
C Taking the Lawyer’s Oath before the Supreme Court
D Signing in the Roll of Attorneys and receiving a Certificate
of License to practice
May Bar Applicants Who Graduated Law from Foreign
Jurisdictions Take the Bar Examinations in the Philippines?
Bar Matter No. 1153
A graduate of foreign law school is allowed to take the Bar
presupposed that s/he is a Filipino citizen and resident and the
conditions of:
1. Completion of all courses leading to the degree of
Bachelor of Laws or its equivalent degree;
2. Recognition or accreditation of the law school by the
proper authority; and
3. Completion of all the fourth year subjects in the Bachelor
of Laws academic program in a law school duly
recognized by the Philippine Government.
B. Lawyers must remain in good and regular standing
− continuing requirement for the practice of law
a) Remain a member of the Integrated Bar of the
Philippines
∗ Integrated Bar of the Philippines (IBP) – official
organization of the Philippine Bar
investigating and recommending arm of the
Supreme Court in disciplinary case
∗ Philippine Bar Association – other
organization in Philippine Bar
b) Regularly payment of IBP membership dues, other
lawful assessments and the annual professional
tax receipt
c) Faithfully observe the rules and ethics of the legal
profession
d) Continually subject to judicial disciplinary control
e) Compliance with the Mandatory Continuing
Legal Education
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The Appointment or Election of a Lawyer to a Government
Office Disqualifies Him from Engaging in the Private Practice of
Law
O To preserve public trust in a public office (Section 1 Article
11, 1987 Constitution)
O To avoid conflict of interests or a possibility thereof
O To assure the people of impartiality in the performance of
public functions
PUBLIC OFFICIALS PROHIBITED FROM ENGAGING
IN PRIVATE PRACTICE OF LAW
Absolute Prohibition
1. President, Vice-President, and Members of the Cabinet and
their Deputies and Assistants
2. Judges and other officials and employees of the courts,
officer or employees of the Solicitor General
∗ Solicitor General – lawyer of the state
∗ Prosecution service – representative of the People of the
Philippines
3. All Governors, City and Municipal Mayor
∗ Vice-Governor and City/Municipal Vice- Mayor – can
practice
4. Members of the Constitutional Commissions:
∗ Commission on Audit
∗ Commission on Elections
∗ Civil Service Committee
5. Civil Service officers or employees whose duties and
responsibilities require that their entire time be at the
disposal of the government
6. Ombudsman and his deputies
7. Government prosecutors (People v. Villanueva)
8. Those prohibited by special law
Limited Prohibition
1. Lawyer member of the Legislature is prohibited from
appearing as counsel before any Court of Justice or before
the Electrical Tribunals, or quasi- judicial and other
administrative bodies
∗ “Personally appear” includes filing a pleading on behalf
of a client
2. Members of the Sanggunian:
General Rule: Members of the Sanggunian may appear as
counsel before any Court of Justice or before the Electoral
Tribunals, or quasi- judicial and other administrative bodies
Except in the following:
⇒ Any civil case wherein an LGU or any office, agency or
instrumentality of the government is the adverse party
⇒ 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
⇒ The member of the Sanggunian cannot collect any fee
for their appearance in administrative proceedings
involving the local government of which he is an official
⇒ He shall NOT use the property and personnel of the
Government
∗ EXCEPT when the Sanggunian member concerned is
defending the interest of the Government
3. A civil service officer or employee whose duty or
responsibility does not require his entire time to be at the
disposal of the Government may engage in the private
practice of law provided he can secure a written permit
from the head of the department concerned
4. Retired judge or justice receiving pension from the
Government, cannot act as counsel in a civil case in which
the Government or any of its subdivision or agencies is the
adverse party or in a criminal case wherein an officer or
employee of the Government is the accused of an offense
in relation to his office
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5. A former government attorney cannot, after leaving
government service, accept engagement or employment in
connection with any matter in which he had intervened
while in the said service
Liability for Unauthorized Practice
Implies that any other person, including disbarred attorneys
until his re-admission, or a suspended lawyer during his
suspension, is PROHIBITED from engaging in the practice of law,
and any such person who practices law or assumes to be any
attorney is liable for CONTEMPT of court, punishable by a fine or
imprisonment, or both, at the discretion of the court.
When Non-Lawyers May Practice Law
General Rule: Only those who are licensed to practice law can
appear and handle cases in court.
Exceptions:
1. First-Level Courts
a) Before the MTC - a party may conduct his case or
litigation in person with the aid of an agent or friend
appointed by him. [Sec. 34, Rule 138] (Cruz v. Mina)
b) Before any other court – a party may conduct his
litigation personally. [Sec. 34, Rule 138]. He is bound by
the same rules in conducting the trial of his case. He
cannot, after judgment, claim that he was not properly
represented.
2. In a criminal case before the MTC
In a locality where a duly licensed member of the Bar is not
available, the judge of MTC may appoint a non-lawyer who
is a resident of that province, of good repute for probity and
ability to represent the accused in his defense. [Sec. 7, Rule
116]
3. Law Student Enrolled in a Legal Clinic Rule [138-8, Rules of
Court]
4. Under the Labor Code
Non-lawyers may appear before the NLRC or any Labor
Arbiter if they
a) Represent themselves;
b) Represent their organization or members thereof [Art. 222,
PD 442]
5. A non-lawyer or layman may represent a claimant before
the Cadastral Court [Sec. 9, Act. No. 2259]
6. Any official or other person appointed to appear for the
Government of the Philippines in accordance with law shall
have all the rights of a duly authorized member of the bar in
any case in which said government has an interest [Sec. 33,
Rule 138].
Limitations in the appearance of a layman on behalf of
another:
1. Layman should confine his work to non-adversarial
contentions.
2. Should not undertake purely legal work such as
examination of witnesses or presentation of evidence.
3. Services should not be habitually rendered.
4. Should not charge or collect attorneys’ fees.
ADMISSION TO THE PRATICE OF LAW
− Admission to practice is a judicial function
− The power to admit applicants to the practice of law is
judicial in nature and involves the exercise of judicial
discretion.
− Traditionally exercised by the Supreme Court as an
inherent part of its judicial power.
− Rationale comes from the nature of a judicial function and
the role played by attorneys
− The integrity of the attorney and the manner in which he
performs his role – the quality of justice dispensed by the
courts depends here
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− To enable the court to properly discharge its responsibility
for the efficient and impartial administration and to
elevate and maintain the standard of the legal profession
requires that it must have the primary duty to decide:
A. Who may be admitted to the bar as one of its officers.
B. What are the causes for disciplinary action against him.
C. Whether he should be disciplined, suspended,
disbarred, or reinstated.
The Supreme Court has the power to control and regulate the
practice of law. Thus, the 1987 Constitution, under Article VIII,
Section 5(5) provides:
Section 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the
integrated bar, and legal assistance to the underprivileged.
Such rules shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for all courts
of the same grade, and shall not diminish, increase, or modify
substantive rights. Rules of procedure of special courts and
quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.
Law Student and Practice of Law
v Rule 138-A of the Rules of Court in relation to Section 34,
Rule 138 of the Rules of Court
Conditions:
A. A law student who has successfully completed his 3rd
year of the regular 4-year prescribed law curriculum
B. Enrolled in a recognized law school’s clinical legal
education program approved by the SC
C. May appear without compensation in any civil, criminal
or administrative case before any trial court, tribunal,
board or officer
D. To represent indigent clients accepted by the Legal
Clinic of the school. [Sec. 1, Rule 138-A]
v The student shall be under the direct supervision and
control of a member of the IBP duly accredited by the law
school. [Sec. 2]
v Any pleadings, motions, briefs, memoranda or other paper
to be filed must be signed by the supervising attorney
v Rules on Privileged Communication shall apply to the
student acting for the Legal Clinic
∗ PRIVILEGED COMMUNICATION: Anything that a client
divulges will remain a secret until he gives consent to
the contrary
v Student must comply with the standards of professional
conduct governing members of the bar
v Failure of an attorney to provide adequate supervision of a
student practice may be a ground for disciplinary action
CRUZ V. MINA
Section 34, Rule 138 is clear that appearance before the
inferior courts by a non-lawyer is allowed, irrespective of
whether or not he is a law student. As succinctly clarified in
Bar Matter No. 730, by virtue of Section 34, Rule 138, a law
student may appear, as an agent or a friend of a party
litigant, without the supervision of a lawyer before inferior
courts.
Payment of IBP Dues
• It is a condition sine qua non for lawyer to be considered in
good and regular standing
• Allows the lawyer to practice the law and to remain his
name in the Roll of Attorneys
• Failure to pay, will warrant his suspension. If he still fails to
pay, his name will be stricken off in the Roll of Attorneys
LETTER OF ATTY. CECILIO Y. AREVALO
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 − IBP is a state-organized Bar, to which every lawyer must
belong, organized by or under the direction of the
State.
− The FEE is imposed as regulatory measure, designed to
raise funds for carrying out the noble objectives and
purposes of integration
− PAYMENT OF DUES is a necessary consequence in the
IBP, of which NO ONE IS EXEMPT.
− The compulsory nature of payment of dues subsists for
as long as one’s membership in the IBP remains
regardless of the lack of practice of, or the type of
practice, the member is engaged in.
− THERE IS NOTHING IN THE LAW WHICH ALLOWS
EXEMPTION FROM PAYMENT OF MEMBERSHIP DUES.
SOLIMAN V. ATTY. LLAMAS
− Llamas contends that he is exempted from paying the
IBP dues because he is only engaged in a ―limited
practice (because he is farmer – pineapple) and he is a
senior citizen.
− As long as you are a member of the IBP even if you are
only engaged in a limited practice, you are still liable to
pay the membership dues .
− A lawyer can engage in the practice of law only by
paying his Integrated Bar of the Philippines dues, and it
does not matter that his practice is “limited”; The
exemption from payment of income tax granted to
senior citizens by Republic Act No. 7432 does not
include payment of membership or association dues.
Citizenship
v Maintain to be a Filipino citizen to enjoy the privilege of
practicing law
v DUAL CITIZENSHIP may still practice law as long as he
maintains his Filipino citizenship
v If he re-acquires or repatriate his Filipino citizenship, you are
NOT AUTOMATICALLY practice law – you have to take the
Lawyer’s Oath again
PETITION, BENJAMIN DACANAY
Under RA 9225, if a person intends to practice the legal
profession in the Philippines and he reacquires his Filipino
citizenship pursuant to its provisions “(he) shall apply with the
proper authority for a license or permit to engage in such
practice.”
Stated otherwise, 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:
A. the updating and payment in full of the annual
membership dues in the IBP;
B. the payment of professional tax;
C. the completion of at least 36 credit hours of mandatory
continuing legal education; this is specially significant
to refresh the applicant/petitioner’s knowledge of
Philip- pine laws and update him of legal
developments and
D. 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.
CANONS OF PROFESSIONAL RESPONSIBILITY
The Lawyer and Society
CANON 1: A lawyer should uphold the Constitution, obey
the laws of the land and promote respect for law and legal
processes
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Section 20, Rule 138, Rules of Court
It is the duty of an attorney:
A. To maintain allegiance to the Republic of the Philippines
and to support the Constitution and obey the laws of the
Philippines.
B. To observe and maintain the respect due to the courts of
justice and judicial officers;
C. To counsel or maintain such actions or proceedings only as
appear to him to be just, and such defenses only as he
believes to be honestly debatable under the law.
D. To employ, for the purpose of maintaining the causes
confided to him, such means only as are consistent with
truth and honor, and never seek to mislead the judge or
any judicial officer by an artifice or false statement of fact
or law;
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;
F. To abstain from all offensive personality and to advance no
fact prejudicial to the honor or reputation of a party or
witness, unless required by the justice of the cause with
which he is charged;
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;
H. Never to reject, for any consideration personal to himself,
the cause of the defenseless or oppressed;
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.
BAUTISTA V. GONZALES
− Malpractice suit
− A lawyer should observe honesty and fairness even in
private dealings and failure to do so is a ground for
disciplinary action
− A lawyer should never seek to mislead the court by a
false statement of fact or law
DONGGA-AS V. CRUZ ANGELES & PALER
Once a lawyer takes up the cause of his client, he is duty-
bound to serve the latter with competence, and to attend
to such client’s cause with diligence, care, and devotion
whether he accepts it for a fee or for free. He owes fidelity
to such cause and must always be mindful of the trust and
confidence reposed upon him. Therefore, a lawyer’s
neglect of a legal matter entrusted to him by his client
constitutes inexcusable negligence for which he must be
held administratively liable.
The relationship between a lawyer and his client is highly
fiduciary and prescribes on a lawyer a great fidelity and
good faith. The highly fiduciary nature of this relationship
imposes upon the lawyer the duty to account for the
money or property collected or received for or from his
client.
DIZON V. LAMBINO
− Atty. Lambino was legally justified in advising against the
turn over of the suspects to Atty. Dizon, there being no
basis for him to effect a warrantless arrest. Atty. Dizon’s
administrative complaint against her must then be
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 dismissed. Such conduct must not only be immoral, but grossly
− By persisting in his attempt to arrest the suspected immoral. That is, it must be so corrupt as to constitute a
students without a warrant, Atty. Dizon violated Rule criminal act or so unprincipled as to be reprehensible to a
1.02 of Canon 1 of the Code of Professional high degree or committed under such scandalous or
Responsibility which provides: CANON 1—A LAWYER revolting circumstances as to shock the common sense of
SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF decency. (Royong v. Oblena)
THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL C. Moral Turpitude: Means anything which is done contrary
PROCESSES. x x x x Rule 1.02 — A lawyer shall not to justice, honesty, modesty or good morals.
counsel or abet activities aimed at defiance of the law
or at lessening confidence in the legal system. Crimes categorized as those involving moral turpitude
O Abduction with consent
Duties of a Notary Public O Bigamy
NADAYAG V. GRAGEDA O Concubinage and Adultery
− A lawyer shall at all times uphold the integrity and O Smuggling
dignity of the legal profession. The trust and confidence O Rape
necessarily reposed by clients require in the attorney a O Estafa
high standard and appreciation of his duty to his clients, O Estafa through Falsification of a document
his profession, the courts and the public. The bar should O Attempted and Direct Bribery
maintain a high standard of legal proficiency as well as O Profiteering
of honesty and fair dealing. O Robbery
− A lawyer can do honor to the legal profession by O Theft
faithfully performing his duties to society, to the bar, to O Murder, whether consumated or attempted
the courts, and to his clients. O Illicit relationship with a fellow worker
− Notarization of a private document converts such O Violation of BP 22
document into a public one and renders it admissible in O Violation of Dangerous Drugs Act of 1972
court without further proof of its authenticity. O Violation of Anti-Fencing Law
O Falsification of document
Rule 1.01 – A lawyer shall not engage in unlawful, dishonest, O Intriguing against honor
immoral or deceitful conduct O Perjury
A. Unlawful Conduct: An act or omission which is against the O Forgery
law O Arson
B. Immoral Conduct: Conduct that shows indifference to the O Evasion of Tax
moral norms of society and the opinion of good and O Barratry
respectable members of the community. O Blackmail
O Embezzlement

Page 11
 O Extortion
O Libel
O Mutation of public records
O Seduction
O Frustrated Homicide
Crimes categorized as crimes not involving moral turpitude
O Minor transgression of the law
O Illegal recruitment
O Slight physical injuries and carrying of deadly weapon
O Indirect contempt
GUEVARRA V. EALA
A lawyer, in carrying on an extra-marital affair with a
married woman prior to the judicial declaration that her
marriage was null and void, and despite such lawyer
himself being married, showed disrespect for an institution
held sacred by the law — he betrayed his unfitness to be a
lawyer.
REYES V. GAA
− He was charged with malpractice and willful violation of
his oath because of extortion
− GAA violated Section 3(b) of RA No. 3019
− When integrity of a member of the bar is challenged, it
is not enough that he denies the charges against him;
he must meet the issue and overcome the evidence
against him
− Where the misconduct of a lawyer as a government
official is of such a character as to affect his
qualification as a lawyer or to show moral delinquency,
then he may be disciplined as a member of the bar on
such grounds
− The lawyer’s oath imposes upon every lawyer the duty
to delay no man for money or malice. The extortion
committed by respondent constitutes misconduct as a
public official, which also constitutes a violation of his
oath as a lawyer.
PEOPLE V. TUANDA
− Tuanda was charged with Estafa and violation of BP 22
by issuing 3 checks that was dishonored by the bank
− She is found guilty of MORAL TURPITUDE
− Sec. 2 of Rule 138 of Rules of Court: A member of the bar
may be removed or suspended from his office as
attorney by the Supreme Court of any deceit,
malpractice, or other gross misconduct, or by reason of
his CONVICTION OF A CRIME INVOLVING MORAL
TURPITUDE which is IMMORAL CONDUCT
− The mischief it creates is not only a wrong to the payee
or holder, but also an injury to the public. The harmful
practice of putting valueless commercial papers in
circulation, multiplied a thousandfold, can very well
pollute the channels of trade and commerce, injure the
banking system and eventually hurt the welfare of
society and the public interest.
− Good moral character is not only a condition
precedent to an admission to the practice of law; its
continued possession is also essential for remaining in
the practice of law. We should add that the crimes of
which respondent was convicted also import deceit
and violation of her attorney’s oath and the Code of
Professional Responsibility under both of which she was
bound to “obey the laws of the land.”
IN RE: PERALTA
Page 12
− Respondent made a mockery of marriage which is a
sacred institution demanding respect and dignity and
his conviction of violation of Art. 350 of the Revised
Penal Code involves moral turpitude.
− His act in contracting the second marriage even his act
in making love to another woman while his first wife is still
alive and their marriage still valid and existing is contrary
to honesty, justice, decency and morality.
− Lacking the good moral character required by the Rules
of Court, the respondent is disqualified from being
admitted to the bar.
IN RE: AVANCEÑA
− A lawyer convicted of falsification and imprisoned for
that crime may be disbarred. The crime involves moral
turpitude. Moreover, the acts of falsification amounted
to deceit, malpractice and misconduct in office as a
lawyer.
− The fact that a lawyer, convicted of falsification, was
conditionally pardoned does not preclude his being
disbarred. The pardon relieved him of the penal
consequences of his act. He is being disbarred for
professional misconduct.
ARCIGA V. MANIWANG
− Maniwang refused to fulfill his promise of marriage to
Arciaga because Maniwang is married to Erlinda Ang
when he was already a lawyer.
− The Court found that respondent’s refusal to marry the
complainant was not so corrupt unprincipled as to
warrant disbarment
− Because of the time of when he promise to marry does
not warrant immoral conduct in the legal profession
− Immoral conduct has been defined as "that conduct
which is willful, flagrant, or shameless, and which shows
a moral indifference to the opinion of the good and
respectable members of the community"
TOLEDO V. TOLEDO
− Section 5, Rule 128 of the Rules of Court requires the
respondent in disbarment or suspension proceedings
from the practice of law to file an answer to the
complaint filed by the Solicitor General after
investigation and, should he desire to present evidence
in his behalf, to expressly say so in the answer. The filing
of a motion to dismiss without stating that he intended
to present evidence in his behalf constitutes a waiver of
his right.
− By abandoning his lawful wife and cohabiting with
another woman who had borne him a child,
respondent had failed to maintain the highest degree
of morality expected and required of a member of the
Bar.
OBUSAN V. OBUSAN
Abandoning one’s wife and resuming carnal relations with
a former paramour, a married woman, falls within “that
conduct which is willful, flagrant, or shameless, and which
shows a moral indifference to the opinion of the good and
respectable members of the community”
DIZON V. CABUCANA, JR.
As a notary public, Atty. Cabucana should not notarize a
document unless the person who signs it is the same person
executing it and personally appearing before him to attest
to the truth of its contents. This is to enable him to verify the
genuineness of the signature of the acknowledging party
and to ascertain that the document is the party’s free and
voluntary act and deed.
Page 13
Rule 1.02 – A lawyer shall not counsel or abet activities
aimed at defiance of the law or at lessening confidence in the
legal system
⇒ When in doubt, always follow the Rule of Law
IN RE: SANTIAGO
− The contract executed between the Spouses Baniquit
upon the ADVICE of Atty. Santiago and acknowledged
by him as a notary public is contrary to law, public, good
morals, and custom
− The advice given by Atty. Santiago, the preparation and
acknowledgement by him of the contract constitute
Malpractice which justifies disbarment from the practice
law
− When it appears that he, by recklessness or sheer
ignorance of the law, is unfit or unsafe to be entrusted
with the responsibilities and obligations of a lawyer, his
right to continue in the enjoyment of this professional
privilege should be declared terminated
− The respondent Roque Santiago is found guilty of
malpractice and is hereby SUSPENDED from the practice
of law for a period of one year
IN RE: TERELL
The promotion of an organization for the purpose of
violating or evading the penal laws amounts to such
malpractice on the part of an attorney at law as will justify
removal or suspension.
Rule 1.03 – A lawyer shall not, for any corrupt motive or
interest, encourage any suit or proceeding or delay any man’s
cause.
Unprofessional acts which come within the prohibition includes:
1. Volunteering advice to bring lawsuit, except in rare cases
where ties of blood, relationship or trust make it his duty to
do so
2. Hunting up defect in titles or causes of action and informing
thereof in to be employed, or to breed litigation by seeking
out claims for injuries or those having any other grounds of
action in order to secure them as clients
3. Employing agents runner for like purposes
4. Paying reward, directly or indirectly to those who bring or
influence the bringing of such cases to his office = REFERRAL
FEE”
∗ PAO lawyer may refer a UNLESS it becomes on a regular
basis where it becomes monopolized
5. Remunerating policemen, court or prison officials, doctors
etc. who may succeed in influencing the person to seek
professional service
6. Searching for unknown heirs and soliciting their employment
of him
Barratry
o It is the lawyer’s act of formenting suits among individuals
and offering his legal services to one of them for monetary
motives or purposes
o Offense of frequently exciting up quarrels and suits, either
at law or otherwise
Ambulance Chaser
o A lawyer who haunts hospitals and visits homes of afflicted,
officiously intruding their presence and persistently offering
his service on the basis of a contingent fee
o An act of chasing victims of accidents for the purpose of
talking to the said victims or relatives and offering his legal
services for the filing of a case against the persons who
caused the accident
Example of Delaying Man’s Cause
1. Resorting to technicalities to frustrate the end of justice
2. Filing of multiple and repetitious petitions which obviously
delay the execution of a final and executory judgment
Page 14
3. Filing several actions covering the same subject matter or
seeking substantial or identical relief = FORUM SHOPPING
Forum Shopping
− Exists when two or more cases are filed in different
jurisdictions and that the same involves same parties,
same causes of action and same relief sought which
CLOGS the docket
− Without the Certificate of Forum Shopping, the case
will/can be DISMISSED
4. Frivolous appeals for purposes of delay
5. Motion for postponements and other motions for dilatory
purposes
6. Harassment suits
MILLARE V. MONTERO
− It is unethical for a lawyer to abuse or wrongfully use the
judicial process, like the filing of dilatory motions,
repetitious litigation and frivolous appeals for the sole
purpose of frustrating and delaying the execution of
judgment
− The lawyer who filed such multiple or repetitious
petitions (which obviously delays the execution of a final
and executory judgment) subjects himself to disciplinary
action for incompetence (for not knowing any better)
or for willful violation of his duties as an attorney to act
with all good fidelity to the courts and to maintain only
such actions as appear to him to be just and are
consistent with truth and honor.
Rule 1.04 – A lawyer shall encourage his clients to avoid, end
or settle a controversy if it will admit of a fair settlement.
If a lawyer finds that his client’s cause is defenseless, it is his
burden/duty to advise the latter to acquiesce and submit,
rather than traverse the incontrovertible.
DE YSASI III V. NLRC
− The useful function of a lawyer is not only to conduct
litigation but to avoid it whenever possible by advising
settlement or withholding suit
− A lawyer should be a mediator for concord and
conciliator for compromise, rather than a virtuoso of
technicality in the conduct of litigation
− Both counsel herein fell short of what was expected of
them, despite their avowed duties as officers of the
court. The records do not show that they took pains to
initiate steps geared toward effecting a rapprochement
between their clients
PAJARES V. ABAD SANTOS
− Had appellant been but prudently advised by her
counsel to confess judgment and ask from her creditor
the reasonable time she needed to discharge her lawful
indebtedness, the expenses of litigation that she has
incurred by way of filing fees in the CA, premiums for her
appeal bond, appellate court docket fees, printing of
her appellant’s brief, and attorney’s fees would have
been much more than sufficient to pay off her just debt
to appellee.
− Lawyer and client must cooperate so as not to clog the
docket of the court
− There must be more faithful adherence to Rule 7,
section 5 of the Rules of Court which provides that "the
signature of attorney constitutes a certificate by him
that he has read the pleading and that to the best of his
Page 15
 knowledge, information and belief, there is good ground to
support it; and that it is interposed for delay" and expressly
admonishes that "for a willful violation of this rule an attorney
may be subjected to disciplinary action."
CANON 2: A lawyer shall make his legal services available in
an efficient and convenient manner compatible with the
independence, integrity and effectiveness of the profession.
B.M. NO. 2012
PROPPOSED RULE ON MANDATORY LEGAL AID SERVICE FOR
PRACTICING LAWYERS FEBRUARY 10, 2009
SECTION 1. Title: ― “The Rule on Mandatory Legal Aid Service”
B. A practicing lawyer shall obtain a certificate form the Clerk
SECTION 2. Purpose:
1. To enhance the duty of lawyers to society as agents of
social change and to the courts as officers thereof by
helping improve access to justice by the less privileged
members of society and expedite the resolution of cases
involving them
2. Mandatory free legal service by members of the bar and
their active support thereof will aid the efficient and
effective administration of justice especially in cases
involving indigent and pauper litigants
SECTION 3. Scope:
1. To render free legal aid services in all cases (whether civil,
criminal or administrative) involving indigent and pauper
litigants where the assistance of a lawyer is needed
2. Governs the duty of other members of the legal profession
to support the legal aid program of the IBP
SECTION 4: Definition of Terms: x x x
SECTION 5: Requirements:
A. Every practicing lawyers is required:
i. To render a minimum of 60 hours of free legal aid
services to indigent litigants in a year
ii. 60 hours shall be spread within a period of 12
months, with a minimum of 5 hours of free legal
aid services each month
iii. A practicing lawyer shall coordinate with the
Clerk of Court for cases where he may render
free legal aid services
iv. The practicing lawyer shall report compliance
with the requirement within 10 days of the last
month of each quarter of the year
of Court attesting to the number of hour spent rendering
free legal aid services in a case
The certificate contains:
i. The case or cases where the legal aid service was
rendered, the party or parties in the said cases(s) for
whom the service was rendered, the docket
number of the said case(s) and the date(s) the
service was rendered.
ii. The number of hours actually spent attending a
hearing or conducting trial on a particular case in
the court or quasi-judicial body
iii. The number of hours actually spent attending
mediation, conciliation or any other mode of ADR
on a particular case
iv. A motion (except a motion for extension of time to
file a pleading or for postponement of hearing or
conference) or pleading filed on a particular case
shall be considered as 1 hour of service
Page 16
C. Said compliance report shall be submitted to the Legal Aid
Chairperson of the IBP Chapter within the court’s
jurisdiction
D. The IBP Chapter shall, after verification, issue a compliance
certificate to the concerned lawyer
E. Practicing lawyer shall indicate in all pleadings filed before
the courts or quasi-judicial bodies the number and date of
issue of their certificate of compliance for the immediately
preceding compliance period
F. Before the end of a particular year, lawyers covered by
the category under Section 4(a)(i) and (ii), shall fill up a
form prepared by the NCLA which states that, during that
year, they are employed with the government or
incumbent elective officials not allowed by law to practice
or lawyers who by law are not allowed to appear in court.
The form shall be sworn to and submitted to the IBP
Chapter or IBP National Office together with the payment
of an annual contribution of Two Thousand Pesos (P2,000).
Said contribution shall accrue to a special fund of the IBP
for the support of its legal aid program.
G. Before the end of a particular year, lawyers covered by
the category under Section 4(a)(iii) shall secure a
certification from the director of the legal clinic or of the
concerned NGO or PO to the effect that, during that year,
they have served as supervising lawyers in a legal clinic or
actively participated in the NGO’s or PO’s free legal aid
activities. The certification shall be submitted to the IBP
Chapter or IBP National Office.
H. Before the end of a particular year, lawyers covered by
the category under Section 4(a)(iv) shall fill up a form
prepared by the NCLA which states that, during that year,
they are neither practicing lawyers nor covered by Section
(4)(a)(i) to (iii). The form shall be sworn to and submitted to
the IBP Chapter or IBP National Office together with the
payment of an annual contribution of Four Thousand Pesos
(P4,000) by way of support for the efforts of practicing
lawyers who render mandatory free legal aid services. Said
contribution shall accrue to a special fund of the IBP for
the support of its legal aid program.
I. Failure to pay the annual contribution shall subject the
lawyer to a penalty of P2,000 for that year
SECTION 6: NCLA: x x x
SECTION 7. Penalties:
A. At the end of every calendar year, any practicing lawyer
who fails to meet the minimum prescribed 60 hours of legal
aid service each year shall be required by the IBP, through
the NCLA, to explain why he was unable to render the
minimum prescribed number of hours. If no explanation has
been given or if the NCLA finds the explanation
unsatisfactory, the NCLA shall make a report and
recommendation to the IBP Board of Governors that the
erring lawyer be declared a member of the IBP who is not in
good standing. Upon approval of the NCLA’s
recommendation, the IBP Board of Governors shall declare
the erring lawyer as a member not in good standing. Notice
thereof shall be furnished the erring lawyer and the IBP
Chapter which submitted the lawyer’s compliance report
or the IBP Chapter where the lawyer is registered, in case
he did not submit a compliance report. The notice to the
lawyer shall include a directive to pay Four Thousand Pesos
(P4,000) penalty which shall accrue to the special fund for
the legal aid program of the IBP.
B. The "not in good standing" declaration shall be effective for
a period of three (3) months from the receipt of the erring
lawyer of the notice from the IBP Board of Governors.
During the said period, the lawyer cannot appear in court
or any quasi-judicial body as counsel. Provided, however,
that the "not in good standing" status shall subsist even after
the lapse of the three-month period until and unless the
penalty shall have been paid.
Page 17
C. Any lawyer who fails to comply with his duties under this
Rule for at least three (3) consecutive years shall be the
subject of disciplinary proceedings to be instituted motu
proprio by the CBD. The said proceedings shall afford the
erring lawyer due process in accordance with the rules of
the CBD and Rule 139-B of the Rules of Court. If found
administratively liable, the penalty of suspension in the
practice of law for one (1) year shall be imposed upon him.
D. Any lawyer who falsifies a certificate or any form required to
be submitted under this Rule or any contents thereof shall
be administratively charged with falsification and
dishonesty and shall be subject to disciplinary action by the
CBD. This is without prejudice to the filing of criminal
charges against the lawyer.
E. The falsification of a certificate or any contents thereof by
any Clerk of Court or by any Chairperson of the Legal Aid
Committee of the IBP local chapter where the case is
pending or by the Director of a legal clinic or responsible
officer of an NGO or PO shall be a ground for an
administrative case against the said Clerk of Court or
Chairperson. This is without prejudice to the filing of the
criminal and administrative charges against the malfeasor.
F. The ―not in good standingǁ declaration shall be effective
for a period of 3 months from the receipt of the erring
lawyer of the notice from the IBP
RA No. 9999
AN ACT PROVIDING A MECHANISM FOR FREE LEGAL
ASSISTANCE AND FOR OTHER PURPOSES
SECTION 1. Title: “Free Legal Assistance Act of 2010”
SECTION 2. Declaration of Policy:
1. To value the dignity of every human person and guarantee
the rights of every individual, particularly those who cannot
afford the services of legal counsel
2. The State shall guarantee free legal assistance to the poor
and ensure that every person who cannot afford the
services of a counsel is provided with a competent and
independent counsel preferably of his/her own choice, if
upon determination it appears that the party cannot afford
the services of a counsel, and that services of a counsel are
necessary to secure the ends of justice and protect of the
party.
SECTION 3: Definition of Terms: x x x
SECTION 4. Requirement for Availment:
1. Shall secure a certification from the PAO, the DOJ or
accredited association of the SC indicating that the said
legal services to be provided are within the services defined
by the SC, and that the agencies cannot provide the legal
services to be provided by the private counsel
2. The certification issued by, among others, the PAO, the DOJ
and other accredited association by the Supreme Court
shall be submitted to the BIR for purposes of availing the tax
deductions as provided for in this Act and to the DOJ for
purposes of monitoring
SECTION 5. Incentives to Lawyers
x x x a lawyer or professional partnerships rendering actual free
legal services, as defined by the Supreme Court, shall be
entitled to an allowable deduction from the gross income, the
amount that could have been collected for the actual free
legal services rendered or up to ten percent (10%) of the gross
income derived from the actual performance of the legal
profession, whichever is lower: Provided, That the actual free
legal services herein contemplated shall be exclusive of the
minimum sixty (60)-hour mandatory legal aid services rendered
to indigent litigants as required under the Rule on Mandatory
Legal Aid Services for Practicing Lawyers, under BAR Matter No.
2012, issued by the Supreme Court.
Page 18
 ADMINISTRATIVE MATTER NO. 19-03-24-SC
Section 3. Eligibility Requirements of Law Student Practitioners. -
No law student shall be permitted to engage in any of the
activities under the Clinical Legal Education Program of a law
school unless the law student has applied for and secured the
following certifications:
A. Level 1 certification, for law students who have successfully
completed their first-year law courses; and/ or
B. Level 2 certification, for law students currently enrolled for
the second semester of their third-year law courses:
Provided however, where a student fails to complete all
their third-year law courses, the Level 2 certification shall
be deemed automatically revoked
The certification issued shall be valid until the student has
completed the required number of courses in the clinical legal
education program to complete the law degree, unless sooner
revoked for grounds stated herein.
Section 4. Practice Areas of Law Student Practitioners. - Subject
to the supervision and approval of a supervising lawyer, a
certified law student practitioner may:
For Level 1 Certification
1) Interview prospective clients;
2) Give legal advice to the client;
3) Negotiate for and on behalf of the client;
4) Draft legal documents such as affidavits, compromise
agreements, contracts, demand letter, position papers,
and the like;
5) Represent eligible parties before quasi-judicial or
administrative bodies;
6) Provide public legal orientation; and
7) Assist in public interest advocacies for policy formulation
and implementation.
For Level 2 Certification
(1) Perform all activities under Level 1 Certification;
(2) Assist in the taking of depositions and/or preparing judicial
affidavits of witnesses;
(3) Appear on behalf of the client at any stage of the
proceedings or trial, before any court, quasi-judicial or
administrative body;
(4) In criminal cases, subject to the provisions o f Section 5, Rule
110 of the Rules of Court, to appear on behalf of a
government agency in the prosecution of criminal actions;
and
(5) In appealed cases, to prepare the pleadings required in
the case.
Section 5. Certification Application Requirements. - The law
student must submit a duly-accomplished application form
under oath in three (3) copies, accompanied by proof o f
payment o f the necessary legal and filing fees.
The law school, through the dean or the authorized
representative, shall submit to the Office of the Executive
Judge of the Regional Trial Court (RTC) having jurisdiction over
the territory where the law school is located, the duly-
accomplished application form together with an endorsement
under oath.
Level 1 Certification
The Executive Judge ofthe RTC shall evaluate, approve, and
issue the certification within ten (10) days from receipt of the
application.
The Level 1 certification issued under this provision shall be valid
before all courts, quasi-judicial and administrative bodies within
the judicial region where the law school is located.
Level 2 Certification
Page 19
Within ten (10) days from receipt ofthe application, the
Executive Judge of the RTC shall (a) evaluate the application
together with its attachments, and (b) recommend to the
Office ofthe Court Administrator (OCA) the approval and
issuance of the certification. If the Executive Judge finds the
application to be incomplete, the law school shall be notified
and required to comply with the requirements within five (5)
days from receipt of notice.
The Level 2 certification issued under this provision shall be valid
before all courts, quasi-judicial and administrative bodies.
Section 7. Use of Law Student Practitioner's Name. - A law
student practitioner may sign briefs, pleadings, letters, and
other similar documents which the student has produced
under the direction of the supervising lawyer, indicating the
law student practitioner's certificate number as required under
this Rule.
Section 9. Duties of Law Schools. - The law school, through its
dean or authorized representative, must:
A. Develop and adopt a Clinical Legal Education Program;
B. Develop and establish at least one law clinic in its school;
C. Endorse qualified students for certification as law student
practitioner under this Rule. Such endorsement shall
constitute as a certification that the dean or authorized
representative knows that the applicant is a student
enrolled in the Clinical Legal Education course, possesses
good moral character, and has met the requirements of
Section 3 of this Rule; and
D. Ensure compliance by law student practitioners and
supervising lawyers with the Code ofProfessional
Responsibility.
Section 11. Duties of Supervising Lawyers. - The following are
the duties of a supervising lawyer:
a. Supervise such number of certified law student practitioners
as far as practicable;
b. Personally appear with the law student practitioner in all
cases pending before the second-level courts and in all
other cases the supervising lawyer determines that his or her
presence is required;
c. Assume personal professional responsibility for any work
performed by the certified law student practitioner while
under his or her supervision;
d. Assist and advise the certified law student practitioner in the
activities authorized by these rules and review such
activities with the certified law student practitioner, all to
the extent required for the proper practical training ofthe
certified law student practitioner and the protection of the
client;
e. Read, approve, and personally sign any pleadings, briefs or
other similar documents prepared by the certified law
student practitioner prior to the filing thereof, and read and
approve any documents which shall be prepared by the
certified law student practitioner for execution by the
eligible party; and
f. Provide the level of supervision to the certified law student
practitioner required by these rules.
Rule 2.01 – A lawyer shall not reject, except for valid reasons,
the cause of the defenseless or the oppressed.
Defenseless
⇒ Those who are not in the position to defend themselves due
to poverty, weakness, ignorance or other similar reasons
Oppressed
⇒ Those who are victims of acts of cruelty, unlawful evasion,
domination or excessive use of authority
IBP Guidelines, Art 1, Sec.1 Public Service
Page 20
o Legal aid is not a matter of charity. It is a means for the
correction of social imbalances that may and often do
lead to injustice, from which reason it is a Public
Responsibility of Bar
o Spirit of public service should underlie legal aid services
Rule 2.02 – In such cases, even if the lawyer does not accept
a case, he shall not refuse legal advice to the person
concerned if only to the extent necessary to safeguard the
latter’s right
O Even if a 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 interest, such
as advising him what preliminary steps to take, until he shall
have secured the services of counsel
O A lawyer must refrain from giving legal advice if the reason
for not accepting the case is that he labours under a
conflict of interests between him and a prospective client
or between a present client and a prospective client
Rule 2.03 – A lawyer shall not do or permit to be done any
act designed primarily to solicit legal business
General Rule: No advertisements allowed. The most worthy and
effective advertisements possible is the establishment of a well-
merited reputation for professional capacity and fidelity to trust.
Lawyers may not advertise their services or expertise for
professional employment, such as furnishing or inspiring
newspaper comments, or procurring his photograph to be
published in connection with causes in which the lawyer has
been engaged or concerning the manner of their conduct,
the magnitude of the interest involved, the importance of the
lawyer’s position, and all other self-laudation.
Exceptions or Permissible Advertisement:
1. Reputable law lists;
2. Simple or ordinary business card;
3. A simple announcement of the opening of a law firm or
changes in the partnerships, associates, firm name or office
address;
4. Advertisements or simple announcement of the existence
of a lawyer or his law firm posted anywhere it is proper such
as his place of business or residence except court rooms
and government buildings;
5. Advertisements or announcement in any legal publication,
including books, journals, and legal magazines.
Primary Characteristics With Distinguishment Between Legal
Profession and Business
1. A duty of public service, of which the emolument is a by-
product, and in which one may attain the highest
eminence without making much money;
2. A relation as an “officer of the court” to the administration
of justice involving thorough sincerity, integrity and
reliability;
3. A relation to clients in the highest degree of fiduciary;
o Fiduciary: One that is clothed with utmost trust and
confidence
4. A relation to colleagues at the bar characterized by
candor, fairness, and unwillingness to resort to current
business methods of advertising and encroachment on
their practice, or dealing directly with their clients.
ULEP V. THE LEGAL CLINIC
Forms of Advertisement
1. Simple calling card that contains the name of the
firm/lawyer, address, and telephone number
2. Listing in a reputable law list containing the name of the
firm/lawyer, address, telephone number, a brief
background of the lawyers of the firm/lawyer
Page 21

3. Phonebook listing, but the information stated therein
CANNOT include the area of specialization of the
lawyer/firm
4. Announcement as to the existence of a lawyer or his
law firm posted anywhere except court room and
government buildings
⇒ The court ang gov’t buildings should always have
the perception of Neutrality
5. Publication of announcement of opening of law firm
or changes in partnership, associates, firm name, or
office address, being for the convenience of the
profession
⇒ It must be published in general circulation
6. Advertisement in legal publication
KHAN V. SIMBILLO
− Simbillo advertised himself as a self-styled ― Annulment
of Marriage Specialist
− Simbillo is held liable for improper advertising and
solicitation
− Lawyering is not primarily meant to be a money- making
venture, and law advocacy is not a capital that
necessarily yields profits. The gaining of a livelihood
should be a secondary consideration.
− The duty to public service and to the administration of
justice should be the primary consideration of lawyers,
who must subordinate their personal interests or what
they owe to themselves.
Publication in reputable law lists, in a manner consistent with
the standards of conduct imposed by the canon, of brief
biographical and informative data is likewise allowable:
It may include only a statement of the lawyer’s name and the
names of his professional associates; addresses, telephone
numbers, cable addresses; branches of law practiced; date and
place of birth and admission to the bar; schools attended with
dates of graduation, degrees and other educational distinctions;
public or quasi-public offices; posts of honor; legal authorships;
legal teaching positions; membership and offices in bar
associations and committees thereof, in legal and scientific
societies and legal fraternities; the fact of listings in other
reputable law lists; the names and addresses of references; and,
with their written consent, the names of clients regularly
represented.
A SIMPLE Professional Card may contain:
1. Name of the lawyer
2. Name of the law firm which he is connected with
3. Address
4. Telephone number and special branch of law practiced
The publication of a simple announcement of the opening of a
law firm or of changes in the partnership, associates, firm name
or office address, being for the convenience of the profession,
is not objectionable.
Rule 2.04 – A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant
− A violation of which will constitutes unethical practice of
indirect solicitation of legal business
− What the rule prohibits is the competition in the matter of
charging professional fees for the purpose of attracting
clients in favor of the lawyer who offer lower rates
− Valid justification: relatives, co-lawyers, poor, and under
privileged
CANON 3: A lawyer in making known his legal services shall
use only true, honest, fair, dignified and objective information
or statement of facts.
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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.
⇒ Violation of Rule 3.01 is unethical, whether done by him
personally or through another with his permission.
IN RE: TAGORDA
− During the election, Atty. Tagorda made use of a card
written indicating that he is also practicing law while he
is campaigning
− The practice of soliciting cases at law for the purpose of
gain, either personally or through paid agents or
brokers, constitutes malpracticeǁ
− It becomes our duty to condemn in no uncertain terms
the ugly practice of solicitation of cases by lawyers. It is
destructive of the honor of a great profession. It lowers
the standards of that profession. It works against the
confidence of the community in the integrity of the
members of the bar.
− It results in needless litigation and in incenting to strife
otherwise peacefully inclined citizens.
Rule 3.02 – In the choice of a firm name, no false, misleading
or assumed name shall be used. The continued use of the
name of a deceased partner is permissible provided that the
firm indicated in all its communication that said partner is
deceased.
Death of a partner does not extinguish attorney-client
relationship with the law firm
False & Misleading Representation of Firm Name
DACANAY V. BAKER AND MCKENZIE
− Baker and McKenzie, being an alien law firm, cannot
practice law in the Philippines
− Respondents’ use of the firm name Baker & McKenzie
constitutes a representation that being associated with
the firm they could “render legal services of the highest
quality to multinational business enterprise and other
engaged in foreign trade and investment.”
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.
Applicable to ABSOLUTE and LIMITED PROHIBITION to
practice law
SAMONTE V. GATDULA
− Atty. Gatdula engaged in the private practice of law
which is in conflict with his official functions a Branch
Clerk of Court
− He is absolutely prohibited to practice law
− The fact remains that his name is included therein which
may therefore tend to show that he has dealings with
said office.
− Thus, while he may not be actually and directly
employed with the firm, the fact that his name appears
on the calling card as a partner in the Baligod, Gatdula,
Tacardon, Dimailig & Celera Law Offices give the
impression that he is connected therein and may
constitute an act of solicitation and private practice
which is declared unlawful under Republic Act No. 6713.
− The inclusion/retention of his name in the professional
card constitutes an act of solicitation which violates
Section 7, sub-par. (b)(2) of Republic Act No. 6713,
otherwise known as “Code of Conduct and Ethical
Standards for Public Officials and Employees” which
declares it unlawful for a public official or employee to,
Page 23
 among others: “(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 official functions.”
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
It is unethical to use the name of a foreign firm.
CRUZ V. SALVA
− Salva was conducting Preliminary Investigation in
connection to the killing of Monroy
− He called the media for the Preliminary Investigation =
TRIAL BY PUBLICITY
− The investigation was conducted not in the
respondent’s office but in the session hall of the
Municipal Court of Pasay City evidently to
accommodate the big crowd, including members of
the press
− Giving wide publicity and sensationalism to investigation
constitutes contempt of court
− Respondent capitalize in media mileage
CANON 4: A lawyer shall participate development of the
legal system by initiating or supporting efforts in law reform and
in the improvement of the administration of justice.
Examples:
Presenting position papers or resolutions for the introduction of
pertinent bills in Congress petitions with the Supreme Court for
the amendment of the Rules of Court
Objectives of the Integration of the Bar
1. To elevate the standards of the legal profession
2. To improve the administration of justice
3. To enable the bar to discharge its responsibility more
effectively
CANON 5: A lawyer shall keep abreast of developments,
participate in continuing legal education.
Mandatory Continuing Legal Education
Purpose: to ensure that throughout their career, they keep
abreast with law and jurisprudence, maintain the ethics of the
profession and enhance the standards of the practice of law
Requirements: every members of the IBP not exempted under
Rules 7 shall complete every 3 years at least 36 hours of
continuing legal education activities approved by the MCLE
Committee
Subjects:
o 6 hours – legal ethics
o 4 hours – trial and pre-trial skills
o 5 hours – alternative dispute resolution
o 9 hours – substantive and procedural laws & jurisprudence
o 4 hours – legal writing and oral advocacy
o 2 hours – international law and international conventions
o 6 hours – subjects prescribed by the MCLE Committee
Persons Exempted from Mandatory Continuing Legal Education
(Rule 7, Section 1, Bar Matter No. 850):
a. President and the Vice-President of the Philippines, and the
Secretaries and Undersecretaries of Executive Departments
b. Senators and Members of the House of Representatives
c. The Chief Justice and Associate Justices of the Supreme
Court, incumbent and retired members of the judiciary,
incumbent members of the Judicial Bar Council (JBC) and
Page 24
 incumbent court lawyers covered by the Philippine Judicial
Academy (PJA) program of continuing judicial education
d. The Chief State Counsel, Chief State Prosecutor and
Assistant Secretaries of the Department of Justice
e. The Solicitor General and the Assistant Solicitors General
f. The Government Corporate Counsel, Deputy and Assistant
Government Corporate Counsel
g. The Chairman and Members of the Constitutional
Commission
h. The Ombudsman, the Overall Deputy Ombudsman, the
Deputy Ombudsman and the Special Prosecutor of the
Office of the Ombudsman
i. Head of the government agencies exercising quasi -
judicial functions
j. Incumbent deans, bar reviewers and professors of law who
have tea ching experience for at least 10 years on
accredited law schools
k. The Chancellor,Vice-Chancell or and members of the
Corps of Professors and Professorial Lecturers of the
Philippine Judicial Academy; and
l. Governors and Mayors
Other Parties Exempted:
A. Those who are not in law practice, private or public
B. Those who have retired from law practice with the approval
of the IBP Board of Governors
Application for exemption from or modification of the MCLE
requirement shall be under OATH and supported by
DOCUMENTS.
Listing as delinquent member: a member who fails to comply
with the requirements after 60-day period for compliance has
expired, shall be listed as a delinquent member of the IBP upon
the recommendation of the MCLE Committee.
Three-fold obligation of a lawyer
1. He owes it to himself to continue improving knowledge of
the laws;
2. He owes to his profession to take an active interest in the
maintenance of high standards of legal education; and
3. He owes it to the lay public to make the law a part of their
social consciousness.
OCA Circular 79-2014
§ It revoked OCA Circular No. 66-2008 by repealing the
phrase “Failure to disclose the required information would
cause the dismissal of the case and the expunction of the
pleadings from the records”
§ Amended the sanctions for failure of cousel to indicate his
compliance number on his pleading
§ Under OCA Circular 79-14, “failure to disclose the required
information would subject the counsel to appropriate
penalty and disciplinary action”
§ The lawyer shall be imposed a fine of P2,000.00 for the first
offense, P3,000.00 for the second offense and P4,000.00 for
the third offense
§ Counsel may be listed as a delinquent member of the Bar
pursuant to Section 2, Rule 13 of Bar Matter No. 850 and its
implementing rules and regulations; and
§ The non-compliant lawyer shall be discharged from the
case and the client/s shall be allowed to secure the
services of a new counsel with the concomitant right to
demand the return of fees already paid to the non-
compliant lawyer.
SAMUEL B. ARNADO vs. ATTY. HOMOBONO A. ADAZA
Atty. Adaza’s failure to comply with the MCLE requirements
and disregards of the directives of MCLE office warrant his
declaration as a delinquent member of the IBP.
While the MCLE Implementing Regulations state that the
Page 25
MCLE Committee should recommend to the IBP Board of
Governors the listing of a lawyer as a delinquent member,
there is nothing to prevent the SC from using its
administrative power and supervision to discipline erring
lawyers and from directing the IBP Board of Governors to
declare such lawyer as a delinquent member of the IBP.
Having declared Atty. Adaza as a delinquent member of
the IBP, he is suspended from the practice of law for SIX
MONTHS, or until he has complied with the MCLE
requirements for the 1st to the Fifth periods of compliance.
Administrative Matter No. 19-10-SC
Authorizes the publication on newspaper of general circulation
of names of lawyers who are non compliant with MCLE.
CANON 6: These Canons shall apply to Lawyers in
Government service in the discharge of their official tasks.
Who are Public Officials
Public Officials include elective and appointive officials and
employees, permanent or temporary, whether in the career or
non-career service, including military and policy personnel,
whether or not they receive compensation, regardless of
amount (Section 3(b), RA No. 6713).
o Rationale: A lawyer does not shed his professional
obligation upon his assuming public office.
o Lawyers in public office must be more sensitive to his official
obligations because a lawyer’s disreputable conduct is
more likely to be magnified in the public eye
o Ethical duties are rendered even more exacting because
as government counsel, they have the added duty to
abide by the policy of the State to promote of high
standards of ethics in public service
o It is incumbent upon lawyers to perform and discharge their
duties with the highest degree of professionalism,
intelligence and skill
o General Rule: A lawyer who holds a government office may
not be disciplined as a member of the bar for misconduct
in the discharge of his duties as a government official
⇒ Exception: When the act of the lawyer constitutes a
violation of his oath as a lawyer
COLLANTES V. RENOMERON
− Atty. Renomeron opined that the charge of neglecting
or effusing, in within a reasonable time on the
registration of the documents involved, in order to extort
some pecuniary or material benefit from the interested
party, absorbed the charges of conduct of
unbecoming of a public official
− Misconduct of a public officer is a violation to his oath
as a lawyer
− Atty. Renomeron was found liable and was dismissed
from government service. He was also disbarred.
PIMENTEL V. LLORENTE
− Respondents allegedly tampered with the votes
received by complainant and by certifying as true and
correct the Statement of votes in question, Llorente
committed a breach of Rule 1.01 of the Code
− He is guilty of misconduct and violated the lawyer’s
oath ― to do no falsehood
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
supression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly
reprehensible and is cause for disciplinary action
2-Fold Duties of Public Prosecutor:
Page 26
A. To determine probable cause
B. To prosecute the accused
2-Fold Aim of Which is That:
A. The guilt shall not escape; or
B. The innocent people shall not suffer
Prosecutors owes the State, the Court, and the accused and
the duty to lay before the Court the pertinent facts at his
disposal with methodical and meticulous attention
VALENCIA V. CABANTING
− Atty. Antiniw committed falsification of deed of sale,
and it subsequent introduction in court prejudices his
prime duty in the administration of justice as an officer
of the court
− A lawyer must advocate his client’s cause in utmost
earnestness and with the maximum skill he can marshal,
he is not at liberty to resort to illegal means for his client’s
interest. It is the duty of an attorney to employ, for the
purpose of maintaining the cause confided to him, such
means as are consistent with truth and honor
Rule 6.02 – A lawyer in the government service shall not use
his public position to promote or advance his private interest,
nor allow the latter to interfere with his public duties
§ Restriction applies particularly to lawyers in government
service who are allowed by law to engage in private law
practice and to those who, through prohibited from
engaging in the practice of law, have friends, former
associates and relatives, who are in the active practice of
law
§ A public official should see to it that his private activity
does not interfere with the discharge of his official
functions
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.
⇒ Presupposes a government official who left the government
service to pursue private practice of law.
Various Ways a Government Lawyer Leaves the Government
Office:
1. Retirement
2. Resignation
3. Expiration of term of office
4. Dismissal
5. Abandonments
RA 6713, Sec. 7(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,
employees, 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
§ The prohibition shall continue to apply for a period of one
year after resignation, retirement or separation.
§ “Any matter” and “he had intervened” include any
conceivable subject in which he acted in his official
capacity
Page 27
 ⇒ “Matter” - Any discrete, isolatable act as well as
identifiable transaction or conduct involving a particular
situation
The Lawyer and the Legal Profession
CANON 7: A lawyer shall at all times uphold the integrity and
dignity of the profession and support the activities of the IBP.
The High Standards of the Bar
§ Maintenance by the bar of a high standard of legal
proficiency as well as honesty and fair dealing is a requisite
to making the bar an effective instrument in the proper
administration of justice
§ It is necessary that every lawyer should strive at all times to
uphold the honor and maintain the dignity of the legal
profession
§ Public respect is enhanced by the faithful performance of
the lawyer’s duties to the court, to society, to his brethren in
the profession, and to his client (Rivera v. Angeles, 2000)
§ Public confidence in law must upheld at all times by making
sure that the high standard of efficiency, professionalism,
integrity, and proper conduct are exercised by the member
of the bar
Rule 139-A, Rules of Court of the Integrated Bar of the
Philippines
ü Assists in the administration of justice
ü Declog court dockets
ü Foster and maintain high ideals of integrity, learning,
professional interest of its members
ü Cultivate a spirit cordiality and brotherhood
ü Provide a forum for the discussion of law, jurisprudence, law
reform, pleadings, practice and procedure
ü Encourage and foster legal education
ü Promote continuing program for legal research
SANTOS V. LLAMAS
A lawyer can engage in the practice of law only by paying
his dues, and it does not matter that his practice is limited
Rule 7.01 - lawyer shall be answerable for knowingly making
a false statement or suppressing a material fact in connection
with his application for admission to the bar
§ A person shall not make any false statement in his
application for admission to the bar
§ A person seeking to be admitted to the bar must show that
he has all the qualifications and NONE of the
disqualifications prescribed by law
§ A person aspiring to profess the law must show his fitness, for
admission by adherence to the standards contract required
of member of the bar
Leda v. Tabang
− His declaration in his application for admission to the bar
that he was “single” was a gross misrepresentation of a
material fact made in utter bad faith , for which he
should be made answerable
− Good moral character is a continued possession is
essential for remaining in the practice of law
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.
§ A lawyer shall not support unqualified applicants to the bar
§ A lawyer who supports an applicant known to him to be
unfit is Administratively liable
Canon 9, Canons of Professional Ethics:
A lawyer should help in guarding the bar against admission to
the profession of candidates who are unfit or unqualified
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because they are deficient either in moral character or in
education.
IN RE: PARAZO
In the interest of public and the state, one who was vital
information that may affect the integrity of the bar should
volunteer said information or cooperate in any investigation
concerning alleged anomaly in the bar exam so that those
candidates who failed therein can be ferreted out and
those lawyers responsible thereof can be disbarred
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.
§ A lawyer shall always conduct himself ethically and morally
§ A lawyer should endeavor to conduct himself at all times in
such a way as to give credit to the legal profession
TAN V. SABANDAL
It is a manifestation of GROSS DISHONESTY while in the
public service, which cannot be erased by the termination
of the case and where no determination of guilt or
innocence was made because the suit has been
compromised
MELENDREZ V. DECENA
− The SC held that Atty. Decena indeed deceived the
spouses. From the facts obtaining in the case, it is clear
that the complainants were induced to sign the Real
Estate Mortgage documents by the false and fraudulent
representations of respondent that each of the
successive documents was a are formality.
− The SC reiterated that good moral character is not only
a condition precedent to admission to the practice of
law but a continuing requirement.
− Atty. Decena was disbarred.
CANON 8: A lawyer shall conduct himself with courtesy,
fairness and candor toward his professional colleagues, and
shall avoid harassing tactics against opposing counsel.
o Courtesy: there is a level of respect whether old or young
o Fairness: not taking advantage of the weakness of others
o Candor: a degree of utmost honesty
⇒ Lawyers must bear in mind that they are not enemies but
brothers and sisters in the profession
⇒ A lawyer should not ignore recognized customs and
practices of the bar
Rule 8.01 - A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise improper.
§ Make criticisms in a less harsh manner and based them on
the law and jurisprudence
§ Maintain good will: establish a measure of respect before
the courts
§ “Do as adversaries do in law: strive mightily but eat and
drink as friends.”
§ “The highest reward that can come to a lawyer is the
esteem of professional brethren.”
§ It is an esteem commanded solely by integrity, by
character, and by his brains
SURIGAO MINERALS RESERVATION BOARD V. CLORIBEL
− Scattered in his motion were other statements where he
attacked the 1968 decision of the Supreme Court as
false, erroneous, and illegal and accuses in a reckless
manner the two justices of the Supreme Court
− In his third motion for reconsideration, the Court find
language that is not be expected of an officer of the
Page 29
 courts.
− A lawyer’s language should be dignified in keeping with
the dignity of the legal profession.
− A lawyer who uses intemperate, abusive, abrasive or
threatening language betrays respect to the court,
disgraces the Bar and invites the exercise by the court
of its disciplinary power.
IN RE: ALMACEN
− Atty. Almacen filed a Petition to surrender his lawyer’s
certificate of title as he claimed that it is useless to
continue practicing his profession when members of the
high court are men who are calloused to pleas for
justice, who ignore without reasons their own applicable
decisions and commit culpable violations of the
Constitution with impunity
− A lawyer, both as an officer of the court and as a citizen,
may criticize in properly respectful terms and through
legitimate channels the act of courts and judges.
− It is the cardinal condition of all such criticism that it shall
be bona fide and shall not spill over the walls of
decency and propriety.
− Bradley vs. Fisher, this application includes abstaining
ourt of court from all insulting language and offensive
conduct towards judges personae for their judicial task
CASTILLO V. PADILLA
− While Atty. Castillo was formally offering his evidence,
he heard Atty. Padilla say “bobo”
− Atty. Padilla claiming that what he said was “Ay que
bobo” referring to the manner Atty. Castillo was trying to
inject wholly irrelevant and highly offensive matters into
the record
− Atty. Padilla has no right to interrupt Atty. Castillo which
such cutting remark while the latter was addressing the
court
− He exhibits lack of respect not only to a fellow lawyer
but also to the court
Duties of an Attorney:
A. To observe and maintain the respect due to the courts
of justice; and
B. To abstain from all offensive personality and to advance
no fact prejudicial to the honor or reputation of a party
or witness unless required by the justice of the cause
with which he is charged. (Rules of Court, Rule 138, Sec.
20 (b) and (f).)
The Canons of Professional Ethics likewise exhort lawyers to
avoid all personalities between counsel. (Canon 17).
Rule 8.02 - A lawyer shall not, directly or indirectly, encroach
upon the professional employment of another lawyer; however,
it is the right of any lawyer, without fear or favor, to give proper
advice and assistance to those seeking relief against unfaithful
or neglectful counsel.
§ It is highly unprofessional to encroach upon the business of
another lawyer
§ Collaboration with another lawyer from a different firm is
allowed so long as there is no conflict of interest
§ Once a client has an existing agreement with another
lawyer, the contract must be respected
§ Termination by client for no apparent reason is allowed
§ The new counsel is obligated to communicate with the old
counsel
§ Any act which is aimed to ease out a previous lawyer with
the intention to grab the case is highly unethical and should
be avoided
§ A lawyer may properly accept employment to handle a
matter which has been previously handled by another
Page 30
 lawyer, provided that a notice was given to the previous
lawyer that his services have been terminated
§ The client must terminate the lawyer-client relationship or
the engagement with the previous lawyer first before the
new lawyer can come in
§ The entry of appearance in a case without notice to the
previous lawyer amounts to an improper encroachment
upon the professional employment of the original counsel
IN RE: CLEMENTE M. SORIANO, 33 SCRA 801 (1970)
− Atty. Soriano, in his defense, stated that he merely relied
on the assurance made by one Atty. Dalangpan who
assured him that the case is still pending with the
Supreme Court
− The entry of appearance of a counsel in a case which
has long been sealed and terminated by a final
judgment, besides being an unmitigated absurdity in
itself and an unwarranted annoyance to the court which
pronounced the judgment, is a sore deviation from
normal judicial processes.
− It detracts heavily from the faith which should be
accorded final judgments of courts of justice,
generating as it does in the minds of the litigants, as well
as of the public, an illusory belief that something more
can be done toward overturning a final judicial
mandate. Attorney so offending is severely censured.
− A lawyer is enjoined to obtain the conformity of the
counsel whom he would substitute. And if this cannot be
had, then he should, at the very least, give notice to
such lawyer of the contemplated substitution.
Canon 9 of the Code of Professional Ethics:
“A lawyer should not in any way communicate upon the
subject of controversy with a party represented by counsel,
much less should he undertake to negotiate or compromise
the matter with him but should deal only with his counsel. It is
incumbent upon the lawyer most particularly to avoid
everything that may tend to mislead a party not represented
by counsel, and he should not undertake to advise him as to
the law.”
⇒ A Lawyer shall not, in the absence of the adverse party’s
counsel, interview the adverse party and question him as
to the facts of the case even if the adverse party was
willing to do so.
Canon 7 of the Code of Professional Ethics:
Professional colleagues and conflicts of opinions
“A client's proffer of assistance of additional counsel should not
be regarded as evidence of want of confidence, but the
matter should be left to the determination of the client. A
lawyer should decline association as colleague if it is
objectionable to the original counsel, but if the lawyer first
retained is relieved, another may come into the case.
When lawyers jointly associated in a cause cannot agree as to
any matter vital to the interest of the client, the conflict of
opinion should frankly stated to him for his final determination.
His decision should be accepted unless the nature of the
difference makes it impracticable for the lawyer whose
judgment has been overruled to cooperate effectivity. In this
event it is his duty to ask the client to relieve him.
Efforts, direct or indirect, in any way to encroach upon the
professional employment of another lawyer are unworthy of
those who should be brethren at the bar; but, nevertheless, it is
the right of any lawyer, without fear or favor, to give proper
advice to those seeking relief against unfaithful or neglectful
counsel, generally after communication with the lawyer
against whom the complaint is made.”
Page 31
CANON 9: A lawyer shall not, directly or indirectly, assist in
the unauthorized practice of law.
Prohibited acts:
1. Silent partnership (Ambulance chasing)
2. Allowing secretaries to affix signatures in pleadings
US V. NEY
− The irregular signature to papers, though affixed by his
associate, had his authorization and constitutes a
substantial attempt to engage in practice.
− In the offense of Bosque in holding himself out as a
general practitioner, Ney participated, and for the
improper signature of the pleadings he was chiefly and
personally responsible
TAPAY V. BANCOLO
− Atty. Bancolo permitted that the pleadings be signed in
his name by the secretary of the law office
− The lawyer’s duty to prevent, or at the very least not to
assist in, 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
− The lawyer’s signature to a pleading give legal effect to
the document.
ALAWI V. ALAUYA
− Alauya justified his use of the title “Attorney” by the
assertion that it is lexically synonymous with “Counselor-
at-law”
− Persons who pass the Shari’a Bar are not full- pledged
members of the Philippine Bar, hence, he may only
practice law before Shari’a courts.
The title of “Attorney” is reserved to those who:
1. Having been obtained the necessary degree in the
study of law
2. Successfully taken the Bar Examination
3. Having been admitted to the Integrated Bar of the
Philippines
4. Remain members thereof in good standing
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.
GUBALLA V. CAGUIOA
− Petitioner, through Atty. Santos II, filed a petition alleging
his discovery that Ireneio W. Vida, Jr., who prepared his
answer to the complainant is not a member of the
Philippine Bar and that his right had not been protected
− The alleged fact that the person who represented
petitioner at the initial stage of the litigation turned out
to be not a member of the Bar did not amount to denial
of petitioner’s day in court.
− It should be noted that in the subsequent stages of the
proceedings after the rendition of the judgment by
default, petitioner was duly represented by bona fide
members of the Bar in seeking a reversal of the
judgment for being contrary to law and jurisprudence
and the existence of valid, legal and justifiable
defenses.
Page 32
Rule 9.02 - A lawyer shall not divide or stipulate a fee for
legal service with persons not licensed to practice law.
Except:
A. Where there is a pre-existing agreement with the partner or
associate that, upon the latter’s death, money shall be
paid over a reasonable period of time to his estate or to
persons specified in the agreement; or
B. Where a lawyer undertakes to complete unfinished legal
business of a deceased lawyer; or
C. Where the lawyer or law firm includes non-lawyer
employees in a retirement plan, even if the plan is based in
whole as in part, on a profit-sharing arrangement.
FIVE J TAXI V. NLRC
Art. 222. Appearances and Fees.
1. Non-Lawyers may appear before the Commission or
any Labor Arbiter only:
a) If they represent themselves; or
b) If they represent their organization or members
thereof.
2. No attorney’s fees, negotiation fees or similar charges of
any kind arising from any collective bargaining
agreement shall be imposed on any individual member
of the contracting union: Provided, However, that
attorney’s fees maybe charged against union funds in
an amount to be agreed upon by the parties. Any
contract, agreement or arrangement of any sort to the
contrary shall be null and void. (As amended by PD
1691)
− As a non-lawyer, Pulia is not entitled to attorney’s fees
even though he is the authorized representative of the
respondents to the NLRC. The existence of an attorney’s
fee imputes an attorney-client relationship. This cannot
happen between Pulia and respondents.
− Only members of the bar are entitled to attorney’s fees.
− The statutory rule that an attorney shall be entitled to
have and recover from his client a reasonable
compensation for his services necessarily imports the
existence of an attorney- client relationship as a
condition for the recovery of attorney's fees, and such
relationship cannot exist unless the client's
representative is a lawyer.
The Lawyer and the Courts
CANON 10: A lawyer owes CANDOR, FAIRNESS and GOOD
FAITH to the court.
§ Go to court with clean hands
§ A lawyer’s duty to the court are more significant than those
which he owes to his client (Salcedo v, Hernandez)
§ As officers of the court, lawyers have the primary obligation
towards the administration of justice
§ Lawyers are duty-bound to assist the court by exercising
candor, fairness and good faith in their dealings
§ To mislead the court is a stubborn disregard for the law and
rules and clearly a ground for disciplinary action
§ A lawyer owes the court the duty to render no service or to
do no act which involves disrespect to the judicial office
§ Lawyer is obliged to observe the rules of procedure and not
to misuse them to defeat the ends of justice
§ Lawyer shall avoid any unethical or improper practices that
impede, obstruct or prevent the speedy and proper
administration of justice
§ Candor towards the court is a cardinal requirement of every
practicing lawyer
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§ A lawyer, being an advocate, is under no duty to refrain
from making every proper argument in support of any legal
point because he is not convinced of its inherent soundness.
MASINSIN V. ALBANO
− Four times did the petitioner try to nullify the same MTC
decision before different branches of the court
− The lawyer’s oath to which we have all subscribed in
solemn agreement in dedicating ourselves to the pursuit
of justice, is not a mere fictile of words, drift and hollow,
but a sacred trust that we must uphold and keep
inviolable
− We have since emphasized in no uncertain terms that
any act on the part of a lawyer which visibly tends to
obstruct, pervert impede and degrade the
administration of justice is contumacious calling for both
an exercise of disciplinary action and warranting
application of the contempt power.
HUEYSUAN-FLORIDO V. ATTY. FLORIDO
− Atty. Florido presented a photocopy of Resolution issued
by the Court of Appeals. However, it shows that there is
no such resolution ordering complainant to surrender
custody of their children to Atty. Florido.
− CANDOR and FAIRNESS are demanded of every lawyer.
− The burden cast on the judiciary would be tolerable if it
could not take at face value what is asserted by
counsel. The time that will have to be devoted just to
the task of verification of allegations submitted could
easily be imagined.
− Even with due recognition then that counsel is
expected to display the utmost zeal in the defense of a
client’s cause, it must never be at the expense of the
truth
− A lawyer’s language should be forceful but dignified,
emphatic but respectful as befitting an advocate and
in keeping with the dignity of the legal profession.
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 mislead by any artifice.
§ A lawyer shall be truthful in all his dealings with the Court,
whether done orally or by means of written pleadings
§ A lawyer shall not conceal the truth from the Court nor
mislead the Court in any manner, no matter how
demanding his duties to his clients may be.
SANTOS V. PAGUIO
− Respondent did not only issue a manifestly infirmed
decision; he even granted the motion for its execution
and issued the corresponding writ with full knowledge
that there was nothing to execute
− The administration of justice is a sacred task and all
those involved in it must faithfully adhere to, hold
inviolate, and invigorate the principle solemnly
enshrined in the Constitution that a public office is a
public trust and all public officers and employees must
at all times be accountable to the people, serve them
with utmost responsibility, integrity, loyalty and
efficiency, and act with patriotism and justice and lead
modest lives.
− While he is entitled to adopt certain strategies in his
pleadings, he forgot that he owes to this Court absolute
candor, fairness and good faith. This Court can neither
condone nor tolerate attempts to mislead it through
suppression of important facts which would have a
bearing on its initial action.
LIBIT V. OLIVA
Page 34
 − Atty. Oliva has something to do with the falsification of
the Sheriff’s Return on the Summons in said Civil Case
− A lawyer’s responsibility to protect and advance the
interests of his client does not warrant a course of action
propelled by ill motives and malicious intentions against
the other party.
MONTEREY V. ARAYATA
The acts committed by the respondent Arayata relative to
the deed of sale, and his statements to notary Montoya
with regard to said document, constitute malpractice and
unprofessional conduct under the provisions of section 21
of the Code of Civil Procedure, meriting for him a
disciplinary action.
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 the 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.
§ A lawyer must assist the Court in the speedy disposition of
cases and not to aid in destroying the very institution he is
bound to protect on a mere expedient of espousing the
cause of his clients.
§ A lawyer, shall at all times, be honest and truthful in all his
dealings with the Court
§ To knowingly misquote or misrepresent in any of these
matters is not only unprofessional but Contemptuous as well.
§ A lawyer should not assert a meritorious his client’s case
when he has in his possession adverse information or
knowledge in regard thereto (The Phil. British Co. v. Delos
Angeles)
INSULAR LIFE ASSURANCE CO. EMPLOYEES ASSOCIATION V.
INSULAR LIFE ASSURANCE CO.,
− x x x in citing the Court’s decision and rulings, it is the
duty of courts, judges and lawyers to reproduce or copy
the same word-for-word and punctuation mark-for-
punctuation mark.
− Ever present is the danger that if not faithfully and
exactly quoted, the decisions and rulings of the SC may
lose their proper and correct meaning, to the detriment
of other courts, lawyers and public who may thereby be
misled.
ASA V. CASTILLO
− Complete candor or honesty is thus expected from
lawyers, particularly when they appear and plead
before the courts.
− They have an obligation to the court as well as to the
opposing party to make only truthful statements in their
pleadings.
− The burden cast on the judiciary would be intolerable if
it could not take at face value what is asserted by
counsel. The time that will have to be devoted just to
the task of verification of allegations submitted could
easily be imagined
BANOGON VS. ZERNA, 154 SCRA 593
− One reason why there is a degree of public distrust for
lawyers is the way some of them misinterpret the law to
the point of distortion in a cunning effort to achieve their
purposes. By doing so, they frustrate the ends of justice
and at the same time lessen popular faith in the legal
profession as the sworn upholders of the law.
− As officers of the court, lawyers have a responsibility to
assist in the proper administration of justice. They do not
discharge this duty by filing pointless petitions that only
add to the workload of the judiciary, especially this
Page 35
 Court, which is burdened enough as it is.
− A judicious study of the facts and the law should advise
them when a case, such as this, should not be
permitted to be filed to merely clutter the already
congested judicial dockets. They do not advance the
cause of law or their clients by commencing litigations
that for sheer lack of merit do not deserve the attention
of the courts.
Rule 10.03 - A lawyer shall observe the rules of procedure
and shall not misuse them to defeat the ends of justice.
§ Correlation – while 10.03 refers to the “Rules of Procedure”
in general, Rule 12.04 refers specifically to “court processess”
§ The use of technicalities to defeat the ends of justice is
highly discouraged
§ The filing of frivolous appeals for the purpose of delay is
frowned upon.
§ Aim of litigation/filing a case – render or secure justice
§ Purpose of Rules of Procedure:
1. Attain the objective of rendering justice
2. To facilitate the delivery of justice to those who it is due
without necessary expense and waste of time
COBB-PEREZ V. LANTIN
− A counsel's assertiveness in espousing with candor and
honesty his client's cause must be encouraged and is to
be commended; what we do not and cannot
countenance is a lawyer's insistence despite the patent
futility of his client's position.
− It is the duty of a counsel to advise his client, ordinarily a
layman to the intricacies and vagaries of the law, on
the merit or lack of merit of his case.
− If he finds that his client's cause is defenseless, then it is
his bounden duty to advise 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. A lawyer's
oath to uphold the cause of justice is superior to his duty
to his client; its primacy is indisputable.
CANLAS VS. COURT OF APPEALS
− Procedural rules have for their object assistance unto
parties “in obtaining just, speedy, and inexpensive
determination of every action and proceeding.”
− If procedure were to be an impediment to such an
objective, “it deserts its proper office as an aid to justice
and becomes its great hindrance and chief enemy.”
− A litigation is not a game of technicalities of which one,
more deeply schooled and skilled in the subtle art of
movement and position, entraps and destroys the other.
It is rather, a contest in which each contending party
fully and fairly lays before the court the facts in issue
and then, brushing aside as wholly trivial and indecisive
all imperfections of form and technicalities of
procedure, asks that justice be done upon merits.
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.
§ The four-fold duty of a lawyer (Duties to society, to the legal
profession, to the court, and to the client)
§ A lawyer must observe and maintain respect to the courts
and judicial officers
§ A lawyer should uphold the dignity and authority of the
court. The faithful performance of their duty is necessary for
the stability of democratic institutions
§ A lawyer should conduct himself towards judges with that
courtesy all have a right to expect and with the propriety
which the dignity of the court requires (Salcedo v.
Hernandez)
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§ Respecting the courts would build the high esteem and
regard toward them which is essential to the proper
administration of justice
§ Respect guarantees the stability of the judicial institution
§ It is the attorney’s duty, as an officer of the court, to defend
a judge from unfounded criticism or groundless personal
attack
§ A lawyer must refrain from subjecting the judge to wild and
groundless accusation but also to discourage other people
from doing so.
Rule 11.01 - A lawyer shall appear in court properly attired.
§ Respect to the court must begin with the lawyer’s outward
physical appearance in court.
§ Sloppy or informal attire adversely reflects on the lawyer
and demeans the dignity and solemnity of court
proceedings.
§ A lawyer who dresses improperly may be cited for
contempt.
§ What is proper attire?
A. For male lawyers, it should be either a barong tagalog
or the suit with a tie.
B. For lady lawyers, the appropriate business attire would
be proper
In general, the proper attire would be contemporary business
suit
Rule 11.02 - A lawyer shall punctually appear at court
hearings.
§ Punctuality is demanded by the respect which a lawyer
owes to the Court, the opposing counsel and to all parties
to the case.
§ It is not an excuse that his tardiness was caused by matter
which would reasonably be foreseen or anticipated, such
as the traffic or the breakdown of vehicle
§ Inexcusable absence from, or repeated tardiness in,
attending a pre-trial or hearing may not only subject the
lawyer to disciplinary action, but may also prejudice his
client who, as a consequence thereof, may be non-suited,
declared in default or adjudged liable ex parte, as the
case may be.
§ Lack of punctuality interferes in the speedy administration
of justice.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the Courts.
§ The language of a lawyer, both oral and written, must be
respectful and restrained in keeping with the dignity of the
legal profession. The use of abusive language by counsel
against the opposing counsel constitutes at the same time
disrespect to the dignity of the court of justice.
§ Improper and disrespectful language towards the judge is
direct contempt.
§ An insolent language in a pleading constitutes direct
contempt. It is contempt in facie curiae committed with
wanton malice. (Salcedo v. Hernandez, GR No. 42992,
August 8, 1035)
§ Correlate 11.03 and 8.01 – on the use of abusive, offensive
or otherwise improper language in his dealings
SURIGAO MINERAL RESERVATION BOARD VS CLORIBEL
A lawyer’s language should be forceful but dignified,
emphatic but respectful as befitting an advocate and in
keeping with the dignity of the legal profession.
TERESITA D. SANTECO V. ATTY. LUNA B. AVANCE
A.C. NO. 5834-FORMERLY CBD 01-861, FEBRUARY 22, 2011
Page 37
 Respondent's cavalier attitude in repeatedly ignoring the
orders of the Supreme Court constitutes utter disrespect to
the judicial institution. Respondent's conduct indicates a
high degree of irresponsibility. A Court's resolution is “not
construed as a mere request, nor should it be complied
with partially, inadequately, or selectively. Respondent's
obstinate refusal to comply with the Court's orders not "only
betrays a recalcitrant flaw in her character; it also
underscores her disrespect of the Court's lawful orders
which is only too deserving of reproof.
Rule 11.04 - A lawyer shall not attribute to a Judge motives
not supported by the record or have no materiality to the case.
§ A lawyer should not make hasty accusations against the
judges before whom he pleads his cases without valid
ground extant in the record.
Rule 11.05 - A lawyer shall submit grievances against a
Judge to the proper authorities only.
§ A lawyer is not precluded from ventilating his grievances
against judges and court personnel who might have
committed violations of the New Code of Judicial Conduct
§ Proper forum is to file an administrative case against the
erring judge or court personnel with the Supreme Court
pursuant to the provision of Rule 140 of the Rules of Court
⇒ Rule 140 of the Rules of Court:
IN RE: ALMACEN
A lawyer has the right to criticize courts decisions and
actuations of judges because they are both officers of the
court and also citizens at the same time. However, these
criticisms must be in respectful terms and through the
proper and legitimate channels.
§ CONTEMPT OF COURT
o The defiance of authority, justice or dignity of the court
o Includes such conduct as tends to bring the authority
and administration of law into disrespect or to interfere
with or prejudice parties, litigant or their witness during
litigation
Kinds:
Direct Contempt – committed when a person is guilty of:
a) misbehavior in the presence of/so near a court as to
obstruct or interrupt the proceedings before the
same;
b) offensive personalities towards others; or
c) refusal to –
i be sworn/answer as a witness or
ii to subscribe an affidavit when law required to do
so.
Indirect Cotempt/ Constructive Contempt – committed
out of the courts, any improper conduct which tends
directly/indirectly to impede, obstruct, or degrade the
administration of justice.
CANON 12 - A lawyer shall exert every effort and consider it
his duty to assist in the speedy and efficient administration of
justice.
§ Being an officer of the court, a lawyer is part of the
machinery in the administration of justice
Rule 12.01 - A lawyer shall not appear for trial unless he has
adequately prepared himself on the law and the facts of his
case, the evidence he will adduce and the order of its
proferrence. He should also be ready with the original
documents for comparison with the copies.
§ Inadequate preparation obstructs the administration of
justice
Page 38
§ A lawyer is bound by his oath to serve his client with utmost
zeal and dedication and shall conduct himself according
to the best of his knowledge and discretion
§ Should be read in relation to Rule 18.02: “A lawyer shall not
handle any legal matter without adequate preparation.”
§ Non-observance of this rule can have the following
consequences:
i Postponement of the pre-trial or hearing.
ii The judge may consider the client non-suited or in
default.
iii The judge may consider the case submitted for
decision without the client’s evidence.
VILLASIS V. CA
− A new counsel who accepts a case midstream is
presumed and obliged to acquaint himself with all the
antecedent processes and proceedings that have
transpired in the record
− Purpose: to know the status of the case and to know if
there are other remedy that can be availed of
Rule 12.02 - A lawyer shall not file multiple actions arising
from the same cause.
Forum Shopping
o It is the improper practice of filing several actions or
petitions in the same or different tribunals arising from the
same cause and seeking substantially identical reliefs in the
hope of winning one of them.
o Simply put, forum shopping exists when two or more actions
involve the same transactions, essential facts, and
circumstances, and raise identical causes of action, subject
matter, and issues the elements of litis pendentia are
present or where a final judgment in one case will amount
to res judicata in the other.
COLLANTES V. CA, ET AL., G.R. NO. 169604, MARCH 6, 2007
The Elements of forum-shopping are:
A. Identity of parties or at least such parties as represent
the some interest in both actions;
B. Identity of the rights asserted and the reliefs prayed for
the relief being founded on the same facts; and
C. The identity of the two preceding particulars, such that
any judgment rendered in the other action will,
regardless of which party is successful amount to res
judicata in the action under consideration
A Lawyer May Violate the Rules on Forum-Shopping in Two
Ways:
A. Failure to include a Certification against forum shopping in
the pleading;
B. Committing forum-shopping itself
How is Forum Shopping Committed?
1. Going from one court to another in the hope of securing a
favorable relief in one court which another court has
denied; or
2. Filing repetitious suits and proceedings in different courts
concerning the same subject matter after one court has
decided the suit with finality; or
3. Filing a similar case in a judicial court after receiving an
unfavorable judgment from an administrative tribunal.
Section 5, Rule 7 of the Rules of Court: Certification Against
Forum Shopping
The plaintiff or principal party shall certify under oath in the
complaining or other initiatory pleading asserting a claim of
relief, or in a sworn certification annexed thereto and
simultaneously filed therewith:
a) That he has not therefore commenced any action or filed
any claim involving the same issues in any court, tribunal, or
Page 39
 quasi-judicial agency and, to the best of his knowledge, no
such other action or claim is pending therein;
b) If there is such other pending action or claim, a complete
statement of the present status thereof; and
c) If he should thereafter learn that the same or similar action
or claim has been filed or is pending, he shall report that
fact within 5 days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed.
Consequences of Forum Shopping
1. Summary dismissal of the case;
2. Penalty of direct contempt of court on the part of the party
and the lawyer;
3. Criminal action for false certification of non-forum
shopping; or
4. Disciplinary proceedings for the lawyer concerned
CHEMPHIL EXPORT V. CA
Forum-shopping or the act of a party against whom an
adverse judgment has been rendered in one forum, of
seeking another (and possibly favorable) opinion in
another forum (other than by appeal or the special civil
action of certiorari), or the institution of two (2) or more
actions or proceedings grounded on the same cause on
the supposition that one or the other court would make a
favorable disposition.
BENECO V. FLORES
The fact that a party or his counsel impleaded different or
additional party litigants in the subsequent case or petition
involving similar issue/s with that of the first case does not
make it less than forum shopping
Rule 12.03 - A lawyer shall not, after obtaining extensions of
time to file pleadings, memoranda or briefs, let the period
lapse without submitting the same or offering an explanation
for his failure to do so.
§ Failure to file a pleading, memorandum, or brief within the
original or extended period is tantamount to negligence on
the part of counsel seeking the extension
§ Where a lawyer’s motion for extension of time to file a
pleading, memorandum or brief has remained unacted by
the court, the least that is expected of him is to file it within
the period asked for.
Rule 12.04 - A lawyer shall not unduly delay a case, impede
the execution of a judgment or misuse Court processes.
§ This is in line with our oath as lawyers “not to delay any
man’s cause for money or malice” and also a duty to
expidite litigation
§ The aim of a lawsuit is to render justice to the parties
according to law. Procedural rules are precisely designed
to accomplish such a worthy objective. Necessarily,
therefore, any attempt to pervert the ends for which they
are intended deserves condemnation.
§ A lawyer should not hide behind the technicalities to delay
if not defeat the recovery of what is justly due and
demandable.
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.
⇒ Purpose of the rule: To avoid any suspicion that the lawyer is
coaching the witness what to say during the resumption of
the examination.
Witness Preparation vs. Witness Coaching
o To begin, we differentiate the two terms as one positive
(preparation) and the other negative (coaching), even
though the lay definitions may be similar.
Page 40
o Witness coaching is sometimes "perceived as obfuscating
the truth or instructing the witness to lie.” Witness
preparation is the act of “instructing the witness on
demeanor, language [and] truthfulness.”
o Witness preparation should occur before the testimony and
counsel and is allowed. Coaching the witness during a
deposition or during a break in sworn testimony is not
proper and not allowed.
Rule 12.06 - A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another.
Rights and Obligations of a Witness
A witness must answer questions, although his answer may tend
to establish a claim against him. However, it is the right of a
witness:
A. To be protected from irrelevant, improper, or insulting
questions and from harsh or insulting demeanor;
B. Not to be detained longer than the interest of justice
requires;
C. Not to be examined except only as to matters pertinent to
the issue;
D. Not to give any answer which will tend to subject him to a
penalty for an offense unless otherwise provided by law; or
E. Not to give answer which will tend to degrade his
reputation, unless it be to the very fact at issue or to a fact
from which the fact in issue would be presumed. But a
witness must answer to the fact of his previous final
conviction for an offense. (Rule 132, Section 3, RRC)
§ The witness who commits misrepresentation is criminally
liable for “False Testimony” either under Art. 181, 182, or 183
of the Revised Penal Code, as the case may be.
§ The lawyer who induces a witness to commit false testimony
is equally guilty as the witness. The lawyer who presented a
witness knowing him to be a false witness is criminally liable
for “Offering False Testimony in Evidence” under Art. 184 of
the RPC. Thus, can be both criminally and administratively
liable.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.
§ During the conduct of a trial, a lawyer is bound by his oath
to treat every witness with fairness and shall not engage in
harassing tactics.
Section 20(f), Rule 138 of the Rules of Court:
“It is one of the duties of a lawyer, to abstain from all offensive
personality and to advance no fact prejudicial to the honor or
reputation of a party or witness unless required by the justice of
the cause with which he is charged.”
Rule 12.08 - A lawyer shall avoid testifying in behalf of his
client, except:
A. On formal matters, such as the mailing, authentication or
custody of an instrument, and the like; or
B. On substantial matters, in cases where his testimony is
essential to the ends of justice, in which event he must,
during his testimony, entrust the trial of the case to another
counsel.
§ Basis for the rule is one of propriety rather that of
competency to testify
§ It is improper and unethical for a lawyer to testify in behalf
of his client.
§ Rationale: to separate the role of a lawyer as advocate
from the role of a witness
i Function of a witness: to testify based on the facts
personally known to him
ii Function of an advocate: a partisan – to advance the
cause of the client
Page 41
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.
§ Extraordinary attention or hospitality to or familiarity with
judges is to be avoided
⇒ REASON: to protect the good name and reputation of
the judge and the lawyer’s reputation as well as a
lawyer because this might lead to misconstruction of
motives on the part of the judge and the lawyer
⇒ It would affect the confidence of people on the judicial
system.
⇒ Courts should administer justice free from suspicion of
bias and prejudice otherwise, litigants/public would lose
their confidence in the judicial system because they
would think that cases are won by connections and not
on the merits of the cause.
§ Public statements made in the media regarding a pending
case is generally not allowed because this may lead to trial
by publicity
Rule 13.01 - A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for cultivating
familiarity with Judges.
§ It is highly unethical of a lawyer to give an appearance of
having the capability to influence judges and court
personnel.
§ Giving gifts is discouraged as it tends to give the impression
of influencing the conduct of justice.
AUSTRIA V. MASAQUEL
It is improper for a litigant or counsel to see a judge in
chambers and talk to him about a matter related to the
case pending in the court of said judge.
NESTLE PHILS. V. SANCHEZ
"It is a traditional conviction of civilized society everywhere
that courts and juries, in the decision of issues of fact and
law should be immune from every extraneous influence;
that facts should be decided upon evidence produced in
court; and that the determination of such facts should be
uninfluenced by bias, prejudice or sympathies."
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.
§ Applicable to lawyers engaged in grandstanding or those
publicly seekers with showbiz style
§ Prohibition is not absolute.
§ Permissible publicity is allowed.
§ Newspaper publication by a lawyer as to pending or
anticipated litigation may interfere with a fair trial in the
courts and otherwise the due administration of justice.
§ Trial publicity is not allowed because public having their
own opinion will prejudice the innocence of the accused.
∗ The court in a pending litigation must be shielded from
embarrassment or influence in its all-important duty of
deciding the case.
∗ Once litigation is concluded the judge who decided it is
subject to the same criticism as any other public official
because then his ruling becomes public property and is
thrown open to public consumption.
⇒ The limitation on the right to criticized on concluded
litigation must be that the criticism sould be bona fide
and it shall not spill over the walls of decency or
propriety.
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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.
⇒ Reason: A lawyer who brooks or invites interference by
another branch or agency of government endangers the
independence of the judiciary.
The Lawyer and the Client
CANON 14 - A lawyer shall not refuse his services to the
needy.
Nature of Lawyer-Client Relationship:
v In modern day understanding of the lawyer- client
relationship, an attorney is more than a mere agent or
servant because he possesses special powers of trust and
confidence reposed on him by his client
v It is strictly PERSONAL
v It involves mutual trust and confidence of the highest
degree
REGALA V. SANDIGANBAYAN
− It demands from the lawyer a sense of commitment to
the ideals
− A lawyer is not allowed to reveal secrets
Retainer
§ An act of a client by which he engages the services of a
lawyer to manage a cause for him in a case which he is a
party, or otherwise to advise him as counsel
a) General Retainer – its purpose is to secure beforehand,
the services of an attorney for any legal problem that
may afterward arise.
b) Special Retainer – has reference to a particular case or
service only.
§ It may also refer to the Retaining Fee which a client pays to
an attorney when the latter is retained.
§ Retainer’s fee – fee given to a lawyer or counsel in order to
ensure his future services. It is the preliminary fee given to
induce a lawyer to act for the client.
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.
Rationale:
§ The poor and the needy are the persons who, when in
trouble, need most of the services of a lawyer but hesitate
to secure such services because they cannot afford to pay
counsel’s fees or fear they will be refused for their inability to
compensate the lawyer.
§ Regardless of his personal feelings, a lawyer should not
decline representation because a client or a cause is
unpopular, or community reaction is adverse
∗ except when there is a valid ground, i.e. conflict of
interest
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.
§ IBP implemented the legal aid program to assist indigent
litigants
§ Services extended in the legal aid are pro bono
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§ It shall be the duty of the attorney so assigned to render the
required service, unless he is excused therefrom by the
court for sufficient cause shown.
§ The court may not assign a counsel de officio to defend an
accused if the accused had previously manifested his
desire to secure the service of a counsel de parte.
Rule 14.03 - A lawyer may not refuse to accept
representation of an indigent client if:
A. He is not in a position to carry out the work effectively or
competently;
B. He labors under a conflict of interest between him and the
prospective client or between a present client and the
prospective client.
Rule 14.04 - A lawyer who accepts the cause of a person
unable to pay his professional fees shall observe the same
standard of conduct governing his relations with paying clients.
§ The purpose of the legal profession is to render public
service and secure justice for those seek its aid.
§ The gaining of a livelihood is only a secondary
consideration.
CANON 15 - A lawyer shall observe candor, fairness and
loyalty in all his dealings and transactions with his clients.
§ Best proof of loyalty: all the things the client will disclose
must remain confidential
§ Element of trust is highly important because of the fiduciary
relationship between the lawyer and his client
§ It is the duty of a lawyer to be fair and loyal in all his
dealings and transactions with his client
§ Lawyer’s private and personal interest is subordinate to
those of his client
§ A lawyer is not a guarantor/insurer of the success of the
case or the soundness of his opinions. Neither is he bound
to know all the law or to exercise extraordinary 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 interest,
and if so, shall forthwith inform the prospective client.
§ A lawyer owes his client undivided allegiance
§ After being retained, a lawyer cannot, without his client’s
consent, act both for his client and for one whose interest is
adverse to/conflicting with that of his client in the same
general manner
§ The rule is aims: not only to (1) bar the dishonest lawyer
from fraudulent conduct but also to (2) prevent the honest
one from putting himself in a position where he may be
required to choose between conflicting duty.
§ Prohibition against conflict of interest is founded on the
principle of public policy, good taste and more importantly,
upon necessity.
MEJIA V. REYES
Lawyers are prohibited from representing conflicting
interests in a case. The lawyer’s act of appearing and
acting as counsel for the complainants against the PNB,
that had appointed him bank attorney and notary public,
constitutes malpractice.
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 127, Sec. 19, ROC: It is the duty of the lawyer to
maintain inviolate the confidences and, at every peril to
himself to preserve the secrets of his client
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§ This prohibition to disclose the client’s secrets extends to the
lawyer’s employees
§ It also extends to partners or associates of law firms who
may thereafter separate and put up their own law offices
or associates with other law firms and later appear as
counsel of the adverse party in the same case they
previously handled in the former office.
§ Related to this rule is Rule 21.01 of the CPR. When may a
lawyer divulge secret of client:
a) When the revelation is authorized by the client after
having been acquainted of the consequences of
disclosure;
b) When the revelation is required by law;
c) When necessary to collect the lawyer’s fees or to
defend himself, his employees or associates or by
judicial action
§ The communication or the physical object must have been
transmitted to the counsel by the client for the purpose of
seeking legal advice. Otherwise, there is no privileged
communication.
§ The form of communication may not only be in writing or
oral but may also be in the form of actions, signs or other
means of communication.
§ The transmission may be direct or through messenger,
interpreter or other modes of transmission
STA. MARIA V. TUASON
The placing of an attorney's private and personal interests
over and above those of his client constitutes a breach of
the lawyer's oath deserving admonition.
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.
Conflicting Interests
Exists when there is an inconsistency in the interests of two or
more opposing parties.
Types of Conflict of Interest
A. Concurrent or multiple representations - generally occurs
when a lawyer represents clients whose objectives are
adverse to each other, no matter how slight or remote such
adverse interest may be.
B. Sequential or successive representation – involves
representation of a present client who may have an interest
adverse to a prior or former client of the firm.
Rule 15.04 - A lawyer may, with the written consent of all
concerned, act as mediator, conciliator or arbitrator in settling
disputes.
Conflict of Interest
§ Exists when there is an inconsistency in the interest of two or
more opposing parties
§ Test: is whether or not in behalf of one client, it is the
lawyer's duty to fight for an issue or claim but it is his duty to
oppose it for the other client.
§ To be guilty of representing conflicting interests, a counsel
of record of one party need not also be counsel of record
of the adverse party.
§ Even if there exists a written authority under Rule 15.04, a
lawyer can only act as mediator, conciliator or arbitrator
which shows that he has to be impartial in dealing with the
conflicting claims of his clients.
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.
§ The lawyer shall state all the possible outcomes of the case
§ It is better to under-promise and over-deliver
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Rule 15.06 - A lawyer shall not state or imply that he is able
to influence any public official, tribunal or legislative body.
§ A display of influence whether factual or imaginary does
not only undermine our judicial and legal systems but also
degrades our courts for dangerous oppression is created in
cases that are won not on the merits but on the magnetic
pull of influential connections.
§ Rationale: To put a stop to the practice of some lawyers of
“Influence Peddling”
Rule 15.07 - A lawyer shall impress upon his client
compliance with the laws and the principles of fairness.
⇒ A lawyer is required to represent his client within the bounds
of law.
⇒ The Code of Professional Responsibility enjoins him to
employ only fair and honest means to attain the lawful
objectives of his client. He may use any arguable
construction of the law or rules which is favorable to his
client. But he is not allowed to knowingly advance a claim
or defense that is unwarranted under existing law.
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.
§ Purpose: put a stop to the practice of some lawyers
engaging in their profession while, at the same time,
accepting clients in his other capacity or occupation
§ The lawyer shall not breed confusion in whether he is
practicing the legal profession or another.
CANON 16 - A lawyer shall hold in trust all moneys and
properties of his client that may come into his profession.
§ The lawyer acts as the trustee and the client acts as trustor
in connection with the matter subject of the professional
engagement
§ Any money or property shall be held in trust and be under
obligation to make an accounting thereof
§ 2 main responsibilities of lawyer:
1. He holds it in trust for the client; and
2. He must make an accounting of all the money.
Rule 16.01 - A lawyer shall account for all money or property
collected or received for or from the client.
§ When a lawyer unjustly retains in his hands the money of his
client after it has been demanded, he may be punished for
contempt.
§ The lawyer should hold the client’s money in trust.
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.
§ A lawyer is bound to account for the funds and properties
of his clients. Failure to present when demanded, it would
be presumed that he misappropriated it for himself
§ A lawyer should not commingle a client’s money with that
of other clients and with his private funds, nor use the
client’s money for his personal purposes without the client’s
consent.
SEGOVIA - RIBAYA V. LAWSIN
§ A lawyer’s duty to his client is one essentially imbued
with trust so much so that it is incumbent upon the
former to exhaust all reasonable efforts towards its
faithful compliance.
§ A lawyer must deal with his client with professional
maturity and commit himself towards the objective fulfill-
Page 46

fulfilment of his responsibilities. If the relationship is
strained, the correct course of action is for the lawyer to
properly account for his affairs as well as to ensure the
smooth turn-over of the case to another lawyer.
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.
⇒ A lawyer who obtained possession of the funds and
properties belonging to his client in the course of his
professional employment shall deliver the same to his client
when they become due, or upon demand.
Attorneys' Liens
A lien evidencing the lawyer’s right to retain all papers, money
or property belonging to his client as insurance that he will be
paid for his legal services.
Charging Lien
This is the equitable right of the attorney to have his interest
secured upon all judgment for the payment of money and
executions issued in pursuance of such judgments which he
has secured in litigation.
⇒ Section 37, Rules 138 Rules of Court
An attorney shall have a lien upon the funds, documents
and papers of his client which have lawfully come into his
possession and may retain the same until his lawful fees and
disbursements have been paid, and may apply such funds
to the satisfaction thereof. He shall also have a lien to the
same extent upon all judgments for the payment of money,
and executions issued in pursuance of such judgments,
which he has secured in a litigation of his client, from and
after the time when he shall have the caused a statement
of his claim of such lien to be entered upon the records of
the court rendering such judgment, or issuing such
execution, and shall have the caused written notice thereof
to be delivered to his client and to the adverse paty; and
he shall have the same right and power over such
judgments and executions as his client would have to
enforce his lien and secure the payment of his just fees and
disbursements.
Rule 16.04 - A lawyer shall not borrow money from his client
unless the client's interest are fully protected by the nature of
the case or by independent advice. Neither shall a lawyer lend
money to a client except, when in the interest of justice, he has
to advance necessary expenses in a legal matter he is
handling for the client.
§ This rule against borrowing of money by a lawyer from his
client is intended to prevent the former from taking
advantage of his influence over the latter and assure the
lawyer’s independent professional judgment
§ A lawyer was disbarred for asking a client for a loan and
then failing to pay the same.
A. A lawyer is not allowed to borrow money from his client.
∗ Exception:
⇒ The lawyer is allowed to borrow money from his client
provided the interests of the client are fully protected
by the nature of the case or by independent advice.
⇒ If in the act of the lawyer of borrowing money, the
client has been apprised of his rights
B. A lawyer may not lend money to a client.
∗ Exception:
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 When it is necessary in the interest of justice to advance Respondent clearly transgressed the rules as her actions
necessary expenses in a legal matter he is handling for were evidently prejudicial to her clients’ interests. Records
the client. disclose that instead of delivering the deed of sale covering
the subject property to her clients, she willfully notarized a
CANON 17 - A lawyer owes fidelity to the cause of his client deed of sale over the same property in favor of another
and he shall be mindful of the trust and confidence reposed in person.
him.
§ A lawyer is bound to conduct himself to the best of his CANON 18 - A lawyer shall serve his client with competence
knowledge and discretion and diligence.
§ Fidelity to the cause of a client is the essence of the legal
profession Competence
ROSACIA V. BULALACAO § The sufficiency of lawyer’s qualifications to deal with the
matter in question and includes knowledge and skill and
§ An attorney owes loyalty to his client not only in the
the ability to use them effectively in the interest of the client.
case in which he has represented him but also after the
§ Academically qualified
relation of attorney and client has terminated as it is not
a good practice to permit him afterwards to defend in
Diligence
another case other person against his former client
§ The attention and care required of a person in a given
under the pretext that the case is distinct from, and
situation
independent of the former case.
§ Come to court prepared
§ It behooves respondent not only to keep inviolate the
client’s confidence, but also to avoid the appearance
In Relation to Articles 1163 and 1173 of the Civil Code
of treachery and double dealing for only then can
o Art. 1163.
litigants be encouraged to entrust their secrets to their
Every person obliged to give something is also obliged to
attorneys which is of paramount importance in the
take care of it with the proper diligence of a good father of
administration of justice.
a family, unless the law or the stipulation of the parties
§ An attorney not only becomes familiar with all the facts
requires another standard of care.
connected with his client’s cause, but also learns from
his client the weak and strong points of the case.
o Art. 1173.
§ No opportunity must be given attorneys to take
The fault or negligence of the obligor consists in the
advantage of the secrets of clients obtained while the
omission of that diligence which is required by the nature of
confidential relation of attorney and client exists.
the obligation and corresponds with the circumstances of
Otherwise, the legal profession will suffer by the loss of
the persons, of the time and of the place. When
the confidence of the people.
negligence shows bad faith, the provisions of Articles 1171
and 2201, paragraph 2, shall apply.
TRIA-SAMONTE V. OBIAS

Page 48
 If the law or contract does not state the diligence which is
to be observed in the performance, that which is expected
of a good father of a family shall be required.
§ Lawyers owe to their clients the responsibility to be
competent to perform their legal services in a conscientious
diligent and efficient manner
§ Relative thereto is the principle that negligence of counsel
binds the client, UNLESS:
A. The reckless of gross negligence of counsel deprives the
client due process of law
B. It results in outright deprivation of the client’s liberty or
property
C. Where the interests of justice so require
Rules 18.01 - A lawyer shall not undertake a legal service
which he knows or should know that he is not qualified to
render. However, he may render such service if, with the
consent of his client, he can obtain as collaborating counsel a
lawyer who is competent on the matter.
⇒ By accepting a case, whether for fee or not, a lawyer
impliedly represents that possesses the required academic
standing
Rule 18.02 - A lawyer shall not handle any legal matter
without adequate preparation.
⇒ The adequate preparation required of the lawyer in
handling of a case covers a wide dimension in law practice.
It includes among other virtues, sufficient knowledge of the
law and jurisprudence, ability in trial technique and high
proficiency in the formulation of pleadings.
Rule 18.03 - A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection therewith
shall render him liable.
§ Negligence, especially gross negligence, prejudices the
client’s interest and casts doubt on the integrity of the legal
profession
§ If by reason of the lawyer’s negligence actual loss has been
caused to his client, the latter has a cause of action against
him for damages.
However, for the lawyer to be held liable, his failure to
exercise reasonable care, skill and diligence must be the
proximate cause of the loss.
§ Senior partner has direct control and responsibility towards
the administration and liability for associate’s negligence
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.
§ The client is entitled to the fullest disclosure of the mode or
manner by which his interest is defended or why certain
steps are taken or omitted.
§ The lawyer has the corresponding duty to notify his client of
the important orders or decisions not yet known to the client.
CANON 19 - A lawyer shall represent his client with zeal
within the bounds of the law.
⇒ A lawyer’s duty is not to his client but to the administration
of justice; to that end, his client’s success is wholly
subordinate; and his conduct ought to and must always be
scrupulously observant of the law and ethics.
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Rule 19.01 - A lawyer shall employ only fair and honest
means to attain the lawful objectives of his client and shall not
present, participate in presenting or threaten to present
unfounded criminal charges to obtain an improper advantage
in any case or proceeding.
§ The lawyer must only employ strategies which are fair,
honest and honorable
§ The lawyer should not file or threaten to file any unfounded
or baseless cases against the adversaries of his client
designed to secure a leverage to compel the adversaries
to yield or withdraw their own cases against the lawyer’s
client.
Rule 19.02 - A lawyer who has received information that his
client has, in the course of the representation, perpetrated a
fraud upon a person or tribunal, shall promptly call upon the
client to rectify the same, and failing which he shall terminate
the relationship with such client in accordance with the Rules
of Court.
⇒ If in the cause of the employment of the lawyer in a case,
he discovers or receives information that his client has
perpetuated a fraud upon a person or tribunal, he shall
promptly advise the client to rectify the same, and if the
client refuses to heed the lawyer’s advice for rectification,
the lawyer may withdraw from the case
Rule 19.03 - A lawyer shall not allow his client to dictate the
procedure in handling the case.
§ Rationale: A lawyer is trained and skilled in the law. The
client has no knowledge of procedure and necessarily
entrusts this to the attorney he employs
§ Lawyers shall take full control of the case
§ However, on matters especially concerning possible
compromise, it should be the client’s instruction that should
be followed
CANON 20 - A lawyer shall charge only fair and reasonable
fees.
§ Fees must be fair and reasonable
§ Article 1305, NCC: A contract is a meeting of minds
between two persons whereby one binds himself, with
respect to the other, to give something or to render some
service.
Kinds of Attorney’s Fees
A. Fixed or absolute fee or acceptance fee - regardless of the
result of the case
B. Contingent Fee – dependent upon the success of the
litigation
C. Fixed amount per appearance
D. Time billing
Payment based on Quantum Meriut
Quantum Meriut
§ A legal mechanism in legal ethics which prevents an
unscrupulous client from running away with the fruits of the
legal services of a counsel without paying therefor.
§ Based on actual services rendered by an attorney to the
client
§ Recovery of attorney’s fees on the basis of quantum meruit
is authorized under the following circumstances:
1. There is no express contract for payment of attorney’s
fees agreed upon between the lawyer and the client
2. When although there is a formal contract for attorney’s
fees, the fees stipulated are found unconscionable or
unreasonable by the court
3. When the contract for attorney’s fees is void due to
purely formal matters or defects of execution
Page 50
 4. When the counsel, for justifiable cause, was not able to
finish the case to its conclusion
5. When the lawyer and client disregard the contract for
attorney’s fees
Rule 20.01 - A lawyer shall be guided by the following
factors in determining his fees:
A. The time spent and the extent of the service rendered or
required;
B. The novelty and difficulty of the questions involved;
C. The importance of the subject matter;
D. The skill demanded;
E. The probability of losing other employment as a result of
acceptance of the proffered case;
F. The customary charges for similar services and the schedule
of fees of the IB P 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.
§ When lawyers jointly represent a common client for a given
fee without any express agreement on how much each will
receive, they will share equally as they are considered
partners for the purpose.
§ Exceptions:
A. If there are specific contracts for the payment of the
fees of each lawyer, the contracts shall prevail unless
found unconscionable.
B. If the lawyers were engaged at different stages of the
case, and there are no specific contracts executed, the
lawyer who bore the brunt of the prosecution of the
case to its successful end is entitled to the full amount of
his fees despite the fact that the client has retained
another lawyer as exclusive counsel who appeared only
after the rendition of a favorable judgment.
C. If another counsel is referred to the client, and the latter
agrees him to take him as collaborating counsel, and
there is no express agreement on the payment of his
attorney’s fees, the said counsel will receive attorney’s
fees in proportion to the work performed.
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.
§ Rationale: To secure the fidelity of the lawyer to his clients’
cause and to prevent a situation in which the receipt by
him of a rebate or commission from another with the
client’s business may interfere with the full discharge of his
duty to his client.
§ A lawyer may not receive compensation other than from
client. Payment of fees must be personal.
Compensation – includes any fee, reward, costs, commission,
interest, rebate, forwarding allowance or any other benefits
received from any other person in relation to the lawyer’s
employment in a case
Rule 20.04 - A lawyer shall avoid controversies with clients
concerning his compensation and shall resort to judicial action
only to prevent imposition, injustice or fraud.
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§ Purpose: To avoid a situation wherein the lawyer-client
relationship would be strained as result of a lawyer suing a
client for payment of his fees
§ A lawyer should avoid controversies over fees with his client
and should try to settle amicably any differences on the
subject.
CANON 21 - A lawyer shall preserve the confidence and
secrets of his client even after the attorney-client relation is
terminated.
§ Lawyer’s fidelity to the cause of his client is perpetual
§ In relation to Rule 139-B of ROC (Disbarment and Discipline
of Attorneys) and Art. 209 or RPC. (Betrayal of trust by an
attorney or solicitor. — Revelation of secrets)
§ Confidence – refers to information protected by the
attorney-client privilege under the Revised Rules of Court
(Rule 130, Sec. 21(b))
§ Secret – refers to the other information gained in the
professional relationship that the client has requested to be
held inviolate or the disclosure of which would be
embarrassing or would likely be detrimental to the client.
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.
⇒ In matters of unprivileged information, the lawyer may be
judicially compelled to make a disclosure even if the client
objects
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.
⇒ The BIR cannot compel a lawyer to give information about
his client
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.
⇒ In a law firm, partners or associates usually consult one
another involving their cases and some work as a team.
Consequently, it cannot be avoided that some information
about the case received from the client may be disclosed
to the partners or associates.
Rule 21.05 - A lawyer shall adopt such measures as may be
required to prevent those whose services are utilized by him,
from disclosing or using confidences or secrets of the clients.
§ The lawyer is obliged to exercise care in selecting and
training his employees so that the sanctity of all
confidences and secrets of his clients may be preserved.
§ Principle of Command Responsibility
Rule 21.06 - A lawyer shall avoid indiscreet conversation
about a client's affairs even with members of his family.
⇒ A lawyer must preserve the confidences and secrets of his
clients not only in his office but also outside including his
home.
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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.
Termination of Attorney-Client Relationship
1. Withdrawal of the lawyer under Rule 22.01
2. Death of the lawyer, unless it is a law firm, in which case, the
other partners may continue with the case
3. Death of the client
4. Discharge or dismissal of the lawyer by the client
5. Appointment or election of a lawyer to a government
position which prohibits private practice of law
6. Full termination of the case or cases
7. Disbarment or suspension of the lawyer from the practice of
law
8. Intervening incapacity or incompetency of the client during
the pendency of the case
9. Declaration of the presumptive death of the lawyer
10. Conviction for a crime and imprisonment of the lawyer
Rule 22.01 - A lawyer may withdraw his services in any of the
following case:
A. When the client pursues an illegal or immoral course of
conduct in connection with the matter he is handling;
B. When the client insists that the lawyer pursue conduct
violative of these canons and rules;
C. When his inability to work with co-counsel will not promote
the best interest of the client;
D. When the mental or physical condition of the lawyer
renders it difficult for him to carry out the employment
effectively;
E. When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;
F. When the lawyer is elected or appointed to public office;
and
G. Other similar cases.
Rule 22.02 - A lawyer who withdraws or is discharged shall,
subject to a retainer lien, immediately turn over all papers and
property to which the client is entitled, and shall cooperative
with his successor in the orderly transfer of the matter, including
all information necessary for the proper handling of the matter
Duty of a Discharged Lawyer or One Who Withdraws
A. Immediately turn over all papers and property to which the
client is entitled (subject to the lawyer’s retainer lien)
B. Cooperate with the succeeding lawyer in the orderly
transfer of the case
2004 RULES ON NOTARIAL PRACTICE
A.M. NO. 02-8-13-SC, AS AMENDED
Importance of Notarization
A. Notarization of documents ensure the authenticity and
reliability of a document.
B. A private document is converted into a public one by
notarization and it renders it admissible in court without
further proof its authenticity
C. It is not an empty, meaningless, and routinary act but one
invested with substantive public interest
D. A notarized document by law is entitled to full faith and
credit upon its face
§ Because of the 4 importance that a Notary Public must
observe with utmost care the basic requirements in the
performance of his notarial duties.
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§ Only lawyers may be commissioned as a notary public and
notarize documents. If they do not practice utmost care in
the strict observance of the basic requirements of his
notarial duties, the public’s confidence in the notarized
document would be compromised.
§ It is a rule that a notary public must only notarize
documents when the person who signed that document
should be the very person who executed it and personally
appear before him to attest to the contents and the truth of
what are stated in that document. Such documents must
have been executed with that person’s full consent.
Qualifications (Section 1, Rule III of 2004 Rules on Notarial
Practice)
A. Must be a Filipino citizen
B. Over 21 years of age
C. A resident of the Philippines for over one (1) year
D. Lawyer should maintain a regular place of work or business
in the city or province where the commission is to be issued
E. A member of the Bar in good standing
F. Must not have been convicted of a crime involving moral
turpitude (A.M. No. 02-8- 13-SC, Rule III, sec. 1)
Disqualifications (Section 3, Rule IV of 2004 Rules on Notarial
Practice)
A notary public is disqualified from performing a notarial act if
he:
A. Is a party to the instrument or document that is to be
notarized [Villarin v Sabate, AC No. 3224, Feb. 2000];
B. Will receive, as a direct or indirect result, any commission,
fee, advantage, right, title, interest, cash, property, or other
consideration, except as provided by these Rules and by
law; or
C. Is a spouse, common-law partner, ancestor, descendant, or
relative by affinity or consanguinity of the principal within
the fourth civil degree [Rule IV, Sec. 3]
Powers (Section 1, Rule IV of 2004 Rules on Notarial Practice)
A notary republic is empowered to perform the following
notarial acts:
1. Acknowledgements;
2. Oaths and affirmations;
3. Jurats;
4. Signature witnessing;
5. Copy certifications; and
6. Any other acts authorized by the 2004 Rules on Notarial
Practice
Authorized to certify the affixing of a signature by thumb or
mark on an instrument or document presented for notarization
if:
1. The thumb or other mark is affixed in the presence of the
notary public and two (2) disinterested and unaffected
witnesses to the instrument or document;
2. Both witnesses sign their own names in addition of the
thumb or other mark;
3. The notary public writes below the thumb or other mark:
“Thumb or Other Mark affixed by (name and addresses of
witnesses) and undersigned notary public”; and
4. The notary public notarizes the signature by thumb or other
mark through an acknowledgement, jurat, or signature
witnessing
Authorized to sign on behalf of a person who is physically
unable to sign or make a mark on an instrument or document
if:
1. The notary public is directed by the person unable to sign or
make a mark to sign on his behalf;
2. The signature of the notary public is affixed in the presence
of two disinterested and unaffected witnesses to the
instrument or document;
3. Both witnesses sign their own names;
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4. The notary public writes below his signature: “Signature
affixed by notary in presence of (names and addresses of
person and two (2) witnesses)” ; and
5. The notary public notarizes his signature by
acknowledgement or jurat.
Process of Applying
§ File a petition to be commissioned as a notary public with
the Regional Trial Court of the place where the lawyer
wished to be commissioned
§ The Executive Judge will conduct a hearing and give the
notarial commission
Term of Office and Jurisdiction (Section 11, Rule III of 2004 Rules
on Notarial Practice)
§ A notary republic may perform notarial acts within the
territorial jurisdiction of the commissioning court for a period
of two (2) years commencing on the first of January of the
year he was commissioned
§ After the two-year period has expired, a lawyer who wishes
to continue shall file again for renewal of notarial
commission
Places of Notarization
General Rule: A Notary Public shall not perform a notarial act
outside his regular place of work or business. (Sec. 2 (a), Rule IV
of 2004 Rules on Notarial Practice)
Exceptions: On certain exceptional situations or occasions, a
notarial act may b e performed at the request of the parties in
the following sites located within his territorial jurisdiction: (Sec.
2 (b), Rule IV of 2004 Rules on Notarial Practice)
1. Public offices, convention halls, and similar places where
oaths of office may be administered;
2. Public function areas in hotels and similar places for the
signing of instruments or documents requiring notarization;
3. Hospitals and other medical institutions where a party to an
instrument or document is confined for treatment; and
4. Any place where a party to an instrument or document
requiring notarization is under detention.
The act of notarizing documents outside one’s area of
commission is not to be taken lightly. Aside from being a
violation of Sec. 11 of the 2004 Rules on Notarial Practice, it also
partakes of malpractice of law and falsification. [Laquindanum
v. Quintana, AC No. 7036 (2009)
Note: Notary may Notarize Instruments which refer to properties
located outside his territorial jurisdiction. “What is important
under the Notarial Law is that the notary public concerned has
authority to acknowledge the document executed within his
territorial jurisdiction.”[Sales v. CA, 211 SCRA 858,865 (1992)]
Notarial Register
§ Notarial register is a permanent bound book with
numbered pages containing a chronological record of the
notarial acts performed by a notary public
§ Notary public must keep, maintain, protect and provide for
lawful inspection of a notarial register
Grounds for the Revocation of Notarial Commission
Executive Judge may revoke a notarial commission on any
ground:
A. Lawyer does not meet the qualifications;
B. Failure to keep a notarial register;
C. Failure to make the proper entries into the notarial register;
D. Failure to send copies of the documents or notarial acts to
the Executive Judge;
E. Failure to affix the acknowledgements, the date of
expiration of commission;
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F. Failure to submit the notarial register to the Executive
Judge;
G. Failure to make a report when required by the Executive
Judge;
H. Failure to require the presence of the principal at the time
of the notarial act
Mandatory Refusal to Notarize
1. If the transaction is unlawful or immoral
2. If the signatory shows signs that he does not understand
consequences of the act, per the notary’s judgment
3. If the signatory appears not to act of his own free will, per
the notary’s judgment
4. If the document or instrument to be notarized is considered
as an improper document by these Rules
Note: Improper Instrument/Document is a blank or incomplete
instrument or document without appropriate notarial
certification [Rule IV, Sec. 6]
Competent Evidence of Identity (Sec.12 Rule 2 of 2004 Rules on
Notarial Practice)
§ The use of a valid ID or competent evidence of identity
bearing picture and signature and issued by a competent
agency or authority is NECESSARY in the current Rules on
Notarial Practice
§ Before 2004: cedula or community tax certificate is
sufficient ID
§ Upon effect of the 2004 Rules on Notarial Practice: cedula is
no longer accepted as competent evidence of identity.
JUDICIAL ETHICS
It is a branch of moral science which treats of the right and
proper conduct to be observed by all judges and magistrates
in trying and deciding controversies brought to them for
adjudication which conduct must be demonstrative of
impartiality, integrity, competence, independence and
freedom from improprieties.
Judge
Any person exercising judicial power, however designated; A
public officer who, by virtue of his office, is clothed with judicial
authority, a public officer lawfully appointed to decide
litigated questions in accordance with law.
Who are Included as a Judge’s Family?
Judge’s spouse, son, daughter, son-in-law, daughter-inlaw, and
any other relative by consanguinity or affinity within the sixth
civil degree, or person who is a companion or employee of the
judge and who lives in the judge’s household.
De Jure Judge
One who is exercising the office of judge as a matter of right;
an officer of a court who has been duly and legally appointed,
qualified and whose term has not expired.
De Facto Judge
One who in good faith continues to act and is recognized by
common error after the abolition of his court by statute is
deemed judge de facto of the new court which succeeds to
the jurisdiction of that presided over by him; an officer who is
not fully invested with all the powers and duties conceded to
judges, but is exercising the office of judge under some color of
right.
General Qualifications of All Judges and Magistrates
A Member of the Judiciary must be a person of proven:
1. Competence
2. Integrity
3. Probity
4. Independence
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Specific Qualifications of All Judges and Magistrates
A. Qualifications of SC Members:
1. Natural born citizen
2. At least 40 years of age
3. Must have been for at least 15 years a judge of a lower
court or engaged in the practice of law [Sec. 7 (1), Art.
VIII, 1987 Constitution]
B. Sec. 7. The Presiding Justice and the Associate Justice of
Collegiate Courts shall have the same qualifications as
those provided in Constitution for Justice of the Supreme
Court. (Judiciary Reorganization Act of 1980)
C. Sec. 15. No persons shall be appointed Regional Trial Judge
unless:
1. He is a natural-born citizen of the Philippines;
2. At least thirty-five years of age; and
3. For at least ten years, has been engaged in the practice
of law in the Philippines or has held a public office in the
Philippines requiring admission to the practice of law as
an indispensable requisite. (Judiciary Reorganization Act
of 1980)
D. Sec. 26. No person shall be appointed judge of a
Metropolitan Trial Court, Municipal Trial Court, or Municipal
Circuit Trial Court unless:
1. He is a natural-born citizen of the Philippines;
2. At least 30 years of age; and
3. For at least five years, has been engaged in the
practice of law in the Philippines, or has held a public
office in the Philippines requiring admission to the
practice of law as an indispensable requisite. (Judiciary
Reorganization Act of 1980)
BANGALORE DRAFT
Significance of the New Code
It updates and correlates the Code of Judicial Conduct and
the Canons of Judicial Ethics and stresses the Philippines’
solidarity with the universal clamor for a universal code of
judicial ethics.
Superseding Effect of the New Code on the Canons of Judicial
Ethics and the Code of Judicial Conduct
§ Did not completely repeal the old Canons of Judicial Ethics
(Administrative Order No. 162) adopted in the Philippines
and the Code of Judicial Conduct of 1989;
§ Only when the New Code has specific provisions or
concepts covering those found in the Canons of Judicial
Ethics and the Code of Judicial Conduct that the latter are
considered superseded to that extent.
In the absence of specific provisions, or deficiency in the New
Code that can be applied to a given situation, the Canons of
Judicial Ethics and the Code of Judicial Conduct shall apply
suppletorily [See, Agpalo’s Legal and Judicial Ethics].
Principles Serving as the Foundation of the Bangalore Draft
1. A competent, independent, and impartial judiciary is
essential if the courts are to fulfill their role in upholding
constitutionalism and the rule of law;
2. Public confidence in the judicial system and in the moral
authority and integrity of the judiciary is of utmost
importance in a modern democratic society;
3. It is essential that judges, individually and collectively,
respect and honor judicial office as a public trust and strive
to enhance and maintain confidence in the judicial system.
The Bangalore Draft Code of Judicial Conduct 2001 adopted
by the Judicial Group on Strengthening Judicial Integrity, as
revised at the Round Table Meeting of Chief Justices held at
the Peace Palace, The Hague, November 25- 26, 2002.
At its first meeting held in Vienna in April 2000 on the invitation
of the United Nations Centre for International Crime Prevention,
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and in conjunction with the 10th United Nations Congress on
the Prevention of Crime and the Treatment of Offenders, the
Judicial Group on Strengthening Judicial Integrity recognized
the need for a code against which the conduct of judicial
officers may be measured.
The Judicial Group recognized, however, that since the
Bangalore Draft had been developed by judges drawn
principally from common law countries, it was essential that it
be scrutinized by judges of other legal traditions to enable it to
assume the status of a duly authenticated international code
of judicial conduct.
The revised Bangalore Draft was placed before a Round-Table
Meeting of Chief Justices (or their representatives) from the civil
law system, held in the Peace Palace in The Hague,
Netherlands, in November 2002, with Judge Weeramantry
presiding. Those participating were Judge Vladimir de Freitas of
the Federal Court of Appeal of Brazil, Chief Justice Iva Brozova
of the Supreme Court of the Czech Republic, Chief Justice
Mohammad Fathy Naguib of the Supreme Constitutional Court
of Egypt, Conseillere Christine Chanet of the Cour de Cassation
of France, President Genaro David Gongora Pimentel of the
Suprema Corte de Justicia de la Nacion of Mexico, President
Mario Mangaze of the Supreme Court of Mozambique,
President Pim Haak of the Hoge Raad der Nederlanden,
Justice Trond Dolva of the Supreme Court of Norway, and
Chief Justice Hilario Davide of the Supreme Court of the
Philippines.
New Code of Judicial Conduct for the Philippine Judiciary
(Bangalore Draft)
In case of deficiency or absence of specific provisions in this
New Code, the Canons of Judicial Ethics and the Code of
Judicial Conduct shall be applicable in a suppletory character.
§ Effectivity Date: June 1, 2004, following its publication not
later than May 15, 2004 in two newspapers of large
circulation in the Philippines to ensure its widest publicity.
§ Promulgation: April 27, 2004
Canons
1. Independence
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and Diligence
CANONS 1: Independence
Judicial independence is a pre-requisite to the rule of law and
a fundamental guarantee of a fair trial. A judge shall therefore
uphold and exemplify judicial independence in both its
individual and institutional aspects.
§ Independence means freedom from the influence,
guidance, or control of others
§ Freedom to act according to a person’s own conscience
and the dictates of reason free from any interference and
pressure of any third party
How does this differ from the 1989 Code of Judicial Conduct?
The new Canon 1 deals solely with the matter of judicial
independence as a “pre-requisite to the rule of law” and a
“fundamental guarantee of a fair trial” and not primarily with
the institutional independence of the judiciary.
§ As a person, a judge must be free from influences of other
persons (Individual independence)
§ As the court, no branch of the government or agencies
thereof could dictate upon it in the performance of its
judicial duties (Institutional independence)
Who are “good judges”?
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Those who have mastery of the principles of law, who Impartiality is essential to the proper discharge of the judicial
discharge their duties in accordance with law, who are office. It applies not only to the decision itself but also to the
permitted to perform the duties of the office undeterred by process by which the decision is made.
outside influence, and who are independent and self-
§ Neutrality in the adjudication of cases
respecting human.
§ Includes all factors relevant to the decision such
§ as the appreciation of evidence, the proper handling of
CANONS 2: Integrity
records
Integrity is essential not only to the proper discharge of the
judicial office but also to the personal demeanor of judges.
What is the Extra-Judicial Source Rule?
A principle in the United States which provides that to sustain a
What are the virtues of a judge with integrity?
claim of bias or prejudice, the resulting opinion must be based
1. Impartiality
upon an extrajudicial source: that is, some influence other than
2. Propriety
the facts and law presented in the courtroom.
3. Equality
4. Independence
What is the “duty to sit?”
There is a possibility that no judge would be available to
§ The sum total of a person’s conduct both in his public and
decide a case because judges with jurisdiction over the case
private life
would opt to recuse from the case. Hence, it is imperative that
§ It refers to a judge’s whole personality trait and conduct
judges ensure that they would not be unnecessarily disqualified
which might affect the discharge of his judicial office or to
from a case. This is referred to as the “duty to sit.” It is imposed
his personal demeanor
because permitting judges to disqualify themselves for frivolous
§ It is a steadfast adherence to a strict moral or ethical code.
reasons or for no reason at all would contravene public policy
It is moral uprightness, honesty and honorableness.
by unduly delaying proceedings, increasing the workload of
§ Judges must be models of uprightness, fairness and honesty.
other judges, and fostering impermissible judge- shopping.
(Rural Bank of Barotac Nuevo, Inc. vs. Cartagena, G.R. No.
A.M. No. 707-MJ, July 21, 1978)
Illustrate the distinction of direct and indirect interest
If a judge’s relative is a partner at the law firm representing one
To whom is the power to dismiss vested?
of the litigants in the case before the judge, that relative might
Although a judge has the power to recommend for
receive direct pecuniary benefit resulting from a favorable
appointment court personnel, however, he has no power to
outcome of the litigation. Thus, the relative’s interest is
dismiss them. The power to dismiss a court employee is vested
sufficiently direct to require recusal.
with the Supreme Court.
What is economic interest?
CANONS 3: Impartiality
It refers to the necessities of life like wealth and proprietary
rights. If the judge or member of his family stands to gain or lose

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some economic benefits in the dispute when finally decided,
he must disqualify himself because partiality will take the better
of him. Otherwise, public confidence in the judicial system will
be eroded.
CANONS 4: Propriety
Propriety and the appearance of propriety are essential to the
performance of all the activities of a judge.
§ The position of a judge is so delicate that it is imbued with
public interest
§ More on the personal life of the judge
What is ticket-fixing?
It is a misconduct in which judges impermissibly take
advantage of their position to avoid traffic violations.
What is a gift?
Refers to a thing or a right to dispose of gratuitously, or any act
or liberality, in favor of another who accepts it, and shall
include a simulated sale or an ostensibly onerous disposition
thereof. It shall not include an unsolicited gift of nominal or
insignificant value not given in anticipation of, or in exchange
for, a favor from a public official or employee. (Sec. 3 (c), RA
No. 6713)
What is a loan?
Loan" covers both simple loan and commodatum as well as
guarantees, financing arrangements or accommodations
intended to ensure its approval. (Sec. 3 (c), RA No. 6713)
CANONS 5: Equality
Ensuring equality of treatment to all before the courts is
essential to the due performance of the judicial office.
⇒ Render optimal service
CANONS 6: Competence and Diligence
Competence and diligence are prerequisites to the due
performance of judicial office.
§ Judges are obliged to prioritize the performance of judicial
duties over and above other responsibilities
§ Competence is measured by their dedication to work and
not by the number of citations and accolades they
garnered from being active members of civic organisations
What is diligence?
It is the quality of a person characterized by his earnest
willingness and capability to promptly do or undo what is
required by the nature of the obligation or duty in accordance
with existing rules. It carries with it the elements of:
1. Perseverance;
2. Industry;
3. Quickness ; and
4. Carefulness
DISQUALIFICATIONS OF JUSTICES AND JUDGES
Compulsory Disqualification
Section 1 (1), Rule 137, Rules Of Court
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; or
B. 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
C. He has been executor, administrator, guardian, trustee or
counsel; or
D. 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.
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The relationship of the judge with one of the parties may color
the facts and distort the law to the prejudice of a just decision.
Where this is probable or even only possible, due process
demands that the judge inhibit himself, if only out of a sense of
delicadeza. [Javier v. Commission on Elections (1996)]
The rationale behind Sec. 1, Rule 137 on disqualification of
judges is to preserve public faith in the judiciary’s fairness and
objectivity to ally suspicions and distrust as to a possible bias
and prejudice in favor or a party coming into play. [Hacienda
Benito, Inc. v. Court of Appeals (1987)]
Voluntary Disqualification
Section 1 (2), Rule 137, ROC
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.
A judge may not be legally prohibited from sitting in a litigation,
but when circumstances appear that will induce doubt as to
his honest actuations and probity in favor of either party, or
incite such state of mind, he should conduct a careful
examination. He should exercise his discretion in a way that
people’s faith in the Courts of Justice is not impaired. The
better course for the judge under such circumstances is to
disqualify himself. [Borromeo- Herrera v. Borromeo (1987)]
Neither is the mere filing of an administrative case against a
judge a ground for disqualifying him from hearing the case, for
if on every occasion the party apparently aggrieved would be
allowed to either stop the proceedings in order to await the
final decision on the desired disqualification, or demand the
immediate inhibition of the judge on the basis alone of his
being so charged, many cases would have to be kept
pending or perhaps there would not be enough judges to
handle all the cases pending in all the court. (German
Wenceslao Cruz Jr. vs. Judge Daniel C. Joven, Municipal
Circuit Trial Court, Sipocot, Camarines Sur, A.M. No. MTJ-00-
1270 January 23, 2001)
Intimacy or friendship between a judge and an attorney of
record of one of the parties to a suit is no ground for
disqualification. That one of the counsels in a case was a
classmate of the trial judge is not a legal ground for the
disqualification of the said judge. To allow it would
unnecessarily burden other trial judges to whom the case
would be transferred... But if the relationship between the
judge and an attorney for a party is such that there would be a
natural inclination to prejudice the case, the judge should be
disqualified in order to guaranty a fair trial. [Query of Executive
Judge Estrada (1987)]
Objection that Judge Disqualified, How Made and Effect
Section 1 (1), Rule 137, Rules Of Court
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 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 after final
judgment in the case.
PROPER USE OF SOCIAL MEDIA
(OCA CIRCULAR NO. 173-2017)
It has been observed that some judges and court personnel
have been taking active part in social networking sites by
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sharing personal photographs and updates, and posting their
views and comments on certain issues and current events.
While judges and court personnel are not prohibited from
engaging in social media, they are reminded that when they
do, "they do not thereby shed off their status as members of
the judiciary" (Lorenzana v. Austria, A.M. No. RTJ-09-2200, April 2,
2014). Using a social networking site, e.g, Facebook, Twitter,
and Instagram, is an exercise of freedom of expression;
however, there are restrictions upon a judge's conduct
inherent in the office
Photographs and commentaries, including "sharing" and "liking"
posts, that are otherwise acceptable for the general public
may be considered inappropriate for members of the judiciary
due to the higher standard of integrity, candor and fairness
reposed on them (New Code Of Judicial Conduct, Canon 4,
Sec. 2: "As a subject of constant public scrutiny, judges must
accept personal restrictions that might be viewed as
burdensome by the ordinary citizen and should do so freely
and willingly. In particular, judges shall conduct themselves in a
way that is consistent with the dignity of the judicial office.")
Accordingly, "in communicating and socializing through social
networks, judges must bear in mind that what they
communicate-regardless of whether it is a personal matter or
part of his or her judicial duties-creates and contributes to the
people's opinion not just of the judge but of the entire Judiciary
of which he or she is a part. This is especially true when the
posts the judge makes are viewable not only by his or her
family and close friends, but by acquaintances and the
general public" (Lorenzana v. Austria, A.M. No. RTJ-09-2200,
April 2, 2014).
As the visible personification of law and justice, judges and
court employees have a higher standard of conduct. The
standard of conduct expected from members of judiciary is
much higher than an ordinary man. Section 6, Canon 4 of the
New Code of Judicial Conduct provides that in the exercise of
their freedom of expression, "they shall always conduct
themselves in a manner as to preserve the dignity of the
judicial office and the impartiality and independence of the
Judiciary."
Thus, judges and court personnel are reminded to conduct
themselves in a way that would not call into question the
dignity of the Judiciary (New Code Of Judicial Conduct,
Canon 4, Sec. 2). Judges and court personnel, like Caesar's
wife, must be above suspicion (Mercado v. Salcedo, A.M. No.
RTJ-03-1781, October 16, 2009). "[T]hey must exhibit the
hallmark judicial temperament of utmost sobriety and self
restraint" (Soria v. Judge Villegas, 485 Phil. 406, 415 (2004)). They
must avoid "impropriety and the appearance of impropriety" in
all of their activities, whether these be in the course of their
duty or in their personal lives (Lorenzana v. Austria, A.M. No.
RTJ-09-2200, 2 April 2014). They are also reminded that as public
officials, they "must at all times be accountable and lead
modest lives."
All told, judges and court personnel who participate in social
media are enjoined to be cautious and circumspect in posting
photographs, liking posts and making comments in public on
social networking sites, for "public confidence in the judiciary
(may be) eroded by their irresponsible or improper conduct."
JUDGES-AT-LARGE ACT OF 2019
(REPUBLIC ACT NO. 11459)
One hundred (100) positions of Regional Trial Judges-at-Large
are created. The duly appointed Regional Trial Judges-at-
Large shall have no permanent salas and may be assigned by
the Supreme Court as acting or assisting judges to any
Regional Trial Court in the Philippines as public interest may
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require. The said Judges-at-Large are entitled to salaries,
privileges, allowances, emoluments, benefits, rank and title of a
Regional Trial Judge. The Supreme Court shall determine the
length of such temporary assignment: Provided, That the
Judicial and Bar Council shall recommend to the President
appointees to the Judges-at-Large positions, after the period
of the temporary assignment, the Judicial and Bar Council shall
recommend to the President the permanent sala to which the
Judge-at-Large shall be appointed (Section 2)
Qualifications of Regional Trial Judge or Regional Trial Judge-
at-Large
A. A natural-born citizen of the Philippines
B. At least thirty-five (35) years of ago
C. At least ten (10) years, has been engaged in the practice
of law in the Philippines or has held a public office in the
Philippines requiring admission to the practice of law as an
indispensable requisite (Section 3)
Creation of Position for Municipal Trial Judges-at-Large
Fifty (50) positions of Municipal Trial Judges-at-Large are
created. The duly appointed Municipal Trial Judges-at-Large
shall have no permanent salas and may be assigned by the
Supreme Court as acting or assisting judges to any first level
court in the Philippines as public interest may require. They shall
be entitled to the salaries, privileges, allowances, emoluments,
benefits, rank and title of a judge of a Municipal Trial Court in
Cities. The Supreme Court shall determine the length of such
temporary assignment: Provided, That the Judicial and Bar
Council shall recommend to the President appointees to the
Judges-at-Large positions. After the period of the temporary
assignment, the Judicial and Bar Council shall recommend to
the President the permanent sala to which the Judge-at-Large
shall be appointed (Section 4)
Qualifications Judge of a Metropolitan Trial Court, Municipal
Trial Court, Municipal Circuit Trial Court, or a Municipal Trial
Judge-at-Large
A. A natural-born citizen of the Philippines
B. At least thirty (30) years of age
C. At least five (5) years, have been engaged in the practice
of law in the Philippines, or has held a public office in the
Philippines requiring admission to the practice of law as an
indispensable requisite (Section 5)
Salaries
Intermediate Appellate Justices, Regional Trial Judges,
Regional Trial Judges-at-Large, Metropolitan Trial Judges,
Municipal Trial Judges, Municipal Circuit Trial Judges, and
Municipal Trial Judges-at-Large shall receive such
compensation and allowances as may be authorized by the
President along the guidelines set forth in Letter of
Implementation No. 93 pursuant to Presidential Decree No. 985,
as amended by Presidential Decree No. 1597 (Section 6)
Longevity Pay
A monthly longevity pay equivalent to five percent (5%) of the
monthly basic pay shall be paid to the Justices and Judges of
the courts herein created for each five (5) years of continuous,
efficient, and meritorious service rendered in the Judiciary:
Provided, That in no case shall the total salary of each Justice
or Judge concerned, after this longevity pay is added, exceed
the salary of the Justice or Judge next in rank (Section 7)
Funding
The amount necessary for the implementation of this Act shall
be charged against the available appropriations of the
Judiciary under the current General Appropriations Act.
Thereafter, such sums as may be necessary for its continued
implementation shall be included in the annual General
Appropriations Act (Section 8)
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