INTRODUCTION Other similar terms for “lawyer”:

What is legal ethics? • Attorney

• Legal ethics refers to the branch of moral science • Attorney-at-law
which treats of the duties which an attorney owes to • Advocate
the court, to his client, to his colleagues in the • Barrister
profession, and to the public. • Counsel or counselor
• Proctor
What law will govern legal ethics? • Solicitor
• For lawyers, the principal rule that is applicable is
the Code of Professional Responsibility. Can a person who passed the Shari’a Bar be called a
• For members of the judiciary, the principal rule that lawyer or attorney?
is applicable is the New Code of Judicial Conduct. • No, unless they have also been admitted to the
Philippine Bar.

Definition Of Terms
What is a counsel de parte?
• A counsel de parte is a lawyer retained by a party,
What is a lawyer?
usually for a fee, to prosecute or defend a case in
• This term refers to the class of persons who by
court.
license are officers of the court and who are
empowered to appear, prosecute, and defend and on
What is a counsel de oficio?
whom peculiar duties, responsibilities and liabilities are
devolved by law as a consequence.
• A counsel de oficio is an attorney appointed by the • It refers to the judiciary. Judges and justices are
court to defend an indigent defendant in a criminal members of the judiciary, and are thus members of
action or to represent an indigent party in a case. the bench.

What is an attorney at record?

Practice of Law
• An attorney at record is the lawyer whose name
What is practice of law?
and address are entered in the record of a case as a
• It means any activity, in or out of court, which
designated lawyer of the party litigant. Judicial
requires the application of law, legal procedure,
notices in relation to the case are sent to an attorney
knowledge, training and experience. To engage in the
at record.
practice of law is to perform acts which are usually
performed by members of the legal profession.
What is an amicus curiae?
• This is important because some positions in
• An amicus curiae is an experienced and impartial
government offices require a minimum number of
lawyer invited by the court to appear and help in the
years in the practice of law before a person can be
disposition of issues submitted to it.
qualified to such office.

What is the meaning of the word “bar”?

Is the term practice of law limited to appearing in
• It refers to the legal profession. Lawyers are
court litigations?
members of the legal profession, and are thus
• No.
members of the bar.

What is the meaning of “private practice”?

What is the meaning of the word “bench”?
• The term, as commonly understood, means "an
individual or organization engaged in the business of
delivering legal services.“
• If the private practitioner practices alone, he or she
is called a sole practitioner, if the private practitioners
practices as a group, they are called a firm.
Is the practice of law a business?
• No. The practice of law is a profession and not a
business. Its primary purpose is public service.
The key distinctions between an ordinary business and
the practice of law are:
1. Practice of law is a duty of public service and profit
is only a by-product.
2. It is a relation as officer of the court to the
administration of justice involving sincerity,
integrity, and reliability.
3. It is a relation to client in the highest degree
fiduciary
4. It is 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.
Can a juridical person practice law?
• No. The practice of law can only be exercised by
natural persons who are lawyers.
What about the law offices who have partnerships?
• These partnerships are not considered legal entities.
Also, in relation to the practice of law, it is the
individual members of the partnership that are
practicing law, and not the firm.
Who regulates the practice of law in the Philippines?
• Section 5 (5), Article VIII of the 1987 Constitution
provides that the Supreme Court shall have the power
to “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.”
Can the Congress regulate the practice of law?
• No. This power is given to the Supreme Court.
• Note that in the past, there is a provision in the
1973 and 1935 Constitutions to this
effect:
• 1935: “The National Assembly shall have the power
to repeal, alter, or supplement the rules concerning
pleading, practice, and procedure, and the admission
to the practice of law in the Philippines.”
• 1973: “which, however, may be repealed, altered,
or supplemented by the Batasang Pambansa.”
Can the National Assembly or the Batasang Pambansa
regulate the practice of law in the
past?
• The legislative departments during those times are
empowered to repeal, alter, or supplement the
rules promulgated by the Supreme Court, but the
primary duty still rests with the Supreme Court.
Why is there a need to regulate the practice of law?
• The practice of law is a privilege that is so
intimately related with public interest that it is both a
right and duty of the state to control and regulate it
in order to promote the public welfare.
• It is within the interest of the state to regulate the
practice of law because of its relationship with the
administration of justice. Before any case is filed in
court or in a quasi-judicial body, a lawyer will
evaluate the facts and give an advice, and because of
this participation, it is only proper for the practice of
law to be regulated.
 Can a non-lawyer represent another in court?
Representation by Counsel
• Generally, no. Only lawyers are allowed to represent
Is representation by counsel in court mandatory?
a party in court.
• In some cases, representation by counsel is
mandatory, however, it is not the rule in all cases.
By way of exception:
• Law Student Practice Rule
What are the cases where representation by counsel is
• Sec. 7, Rule 116 (RoC) – “But in localities where
not mandatory?
such members of the bar are not available, the court
1. In civil cases, representation by lawyer in court is
may appoint any person, resident of the province and
not mandatory. Any person has the right of self-
of good repute for probity and ability, to defend the
representation in civil cases.
accused.”
2. In criminal cases, the accused, upon motion, may
be allowed to defend himself in person when it
Note that in some instances, lawyers are prohibited
sufficiently appears to the court that he can properly
from appearing as a representative of a party.
protect his right without the assistance of counsel.
Example:
Otherwise, the accused shall be represented by
• In Small Claims cases, lawyers are prohibited from
counsel, preferably of the accused’s own choice.
appearing as counsel. Lawyers can only appear in
Small Claims cases if they are the claimant or the
NOTE: In cases of self-representation, the party is not
defendant.
considered to be in the practice of law because the
• Katarungang Pambarangay.
party is not habitually practicing law.

Admission to the Practice Of Law:
Judicial Control
Who has the power to control the admission to the
legal profession and the practice of law?
• The power to admit applicants to the practice of
law is judicial in nature and involves the exercise of
judicial discretion. The Supreme Court shall decide if
the applicant is qualified or not, and that requires the
exercise of its judicial power.
Basis: Sec. 5 (5), Art. VIII, 1987 Constitution provides
that the Supreme Court shall have the power to
“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.
Who has the power to control the admission to the
legal profession and the practice of law?
• Moreover, because of the indispensable role of
lawyers in the administration of justice, it is just
logical for the Supreme Court to regulate the
admission to the legal profession and the practice of
law.
Can the legislative branch regulate the admission to
the practice of law?
• No. In the past they are given some power to
regulate the practice of law, but even during that
time, the primary body to exercise regulation is the
Supreme Court.
Can the executive branch regulate the admission to
the practice of law?
• No. The Executive Department may not encroach
upon the constitutional prerogative of the Supreme
Court to promulgate rules for admission to the
practice of law in the Philippines. (In Re: Arturo
Garcia, August 15, 1961)
What Constitutes Practice of Law
What is practice of law?
• It means any activity, in or out of court, which
requires the application of law, legal procedure,
knowledge, training and experience. To engage in the
practice of law is to perform acts which are usually
performed by members of the legal profession.
(Cayetano vs. Monsod, 1991)
• It is not limited to the conduct of cases in court. It
includes legal advice and counseling, and the
preparation of legal instruments and contract by
which legal rights are secured, which may or may not
be pending in court.
According to Justice Padilla, in his dissent in Cayetano
v. Monsod, the following factors are considered in
determining whether there is practice of law:
1. Habituality – implies customarily or habitually
holding one's self out to the public as a lawyer.
2. Application of law, legal principles, practice or
procedure – calls for legal knowledge, training and
experience.
3. Compensation – implies that one must have
presented himself to be in the active and continued
practice of the legal profession and that his
professional services are available to the public for
compensation, as a service for his livelihood or in
consideration of his said services.
4. Attorney-client relationship.
Will appearance before the court in representation of
others constitute practice of law?
• Yes. The practice of law, as customarily understood,
is the rendering of services to a person, natural or
juridical, in a court of justice on any matter pending
therein through its various stages and in accordance
with established rules of procedure. It includes
appearance before the court, the preparation of a
pleading, motion, memorandum, or brief incident to
an action or proceeding in court.
Will appearance before other government agencies
constitute practice of law?
• The appearance before any quasi-judicial,
administrative or legislative agency, which calls for
the interpretation and application of laws and
presentation of evidence to establish certain facts, the Philippines and in good and regular standing as
constitutes practice of law. This means that if such is such may, upon satisfactory proof of those facts before
the case, then practice before such quasi-judicial the Supreme Court, be allowed to continue such
offices are regulated by the Supreme Court. practice after taking the following oath of office: …”
NOTE: This is practically useless now.
NOTE: Sec. 14, Art. XII, 1987 Constitution: The
Who May Practice Law
practice of all professions in the Philippines shall be
Who may practice law?
limited to Filipino citizens, save in cases prescribed by
• Any person heretofore duly admitted as a member
law.
of the bar, or hereafter admitted as such in
NOTE: But the legal profession is regulated by the
accordance with the provisions of this rule, and who is
Supreme Court and not by Congress.
in good and regular standing, is entitled to practice
law. (Sec. 1, Rule 138, RoC)
2. Applicants for admission who, being Filipino
citizens, are enrolled attorneys in good standing in the
Two parts:
Supreme Court of the United States or in any circuit
1. Must be admitted as a member of the bar.
court of appeals or district court therein, or in the
2. Must be in good and regular standing.
highest court of any State or Territory of the United
Exceptions: Who may be admitted to the bar without
States, and who can show by satisfactory certificates
taking the Philippine Bar examination?
that they have practiced at least five years in any of
1. “Citizens of the United States of America who,
said courts, that such practice began before July 4,
before July 4, 1946, were duly licensed members of
1946, and that they have never been suspended or
the Philippine Bar, in active practice in the courts of
disbarred, may, in the discretion of the Court, be
admitted without examination.
NOTE: Again, a provision killed by time.
3. In the court of a justice of the peace (now MTC) a
party may conduct his litigation in person, with the
aid of an agent or friend appointed by him for the
purpose, or with the aid an attorney. In any other
court, a party may conduct his litigation personally or
by aid of an attorney, and his appearance must be
either personal or by a duly authorized member of the
bar. (Sec. 34, Rule 138, RoC)
4. “But in localities where such members of the bar
are not available, the court may appoint any person,
resident of the province and of good repute for
probity and ability, to defend the accused.” (Sec. 7,
Rule 116, RoC)
5. Law students who have level 1 or level 2
certifications under the Law Student Practice Rule.
(Sec. 3, Rule 138-A, RoC)
NOTE: That the exceptions are allowed through the
application of the Rules of Court that is enacted by
the Supreme Court. This is within the power of the
Supreme Court to regulate the practice of law. This
means that the Supreme Court can allow anyone to
appear before the courts.
Can the Congress or the Executive allow a person who
is not a lawyer to represent others in an
administrative body?
• Yes.
But subject to the following limitations:
1. The layman should confine his work to non-
adversary contentions. He should not undertake
purely legal work, such as the examination or cross-
examination of witnesses, or the presentation of
evidence.
2. The services should not be habitually rendered.
3. The layman should not charge or collect attorney’s
fees.
Can government officials practice law?
• Yes.
Can government officials engage in private practice?
• Generally, the appointment or election of a lawyer
to a government office disqualifies him from engaging
in the private practice of law.
Basis: “In addition to acts and omissions of public
officials and employees now prescribed in the
Constitution and existing laws, the following shall
constitute prohibited acts and transactions of any
public official and employee and are hereby declared
to be unlawful:
• (b) Outside employment and other activities related
thereto. - Public officials and employees during their
incumbency shall not:
• (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” (Sec.
7, R.A. 6713)
Who are government officials who are disqualified
from private practice?
1. No judge or other official or employee of the
superior courts or of the Office of the Solicitor
General, shall engage in private practice as a member
of the bar or give professional advice to clients.
2. Government Prosecutors
3. President, Vice-President, Cabinet Members, their
Deputies and Assistants.
4. Members of the Constitutional Commissions.
5. Civil service officials and employees whose duties
and responsibilities require that their entire time be at
the disposal of the government. If not, then they can
engage in private practice provided they secure a
written permit from their department head.
6. Members of Congress - No Senator or Member of
the House of Representatives may personally appear
as counsel before any court of justice or before the
Electoral Tribunals, or quasi-judicial and other
administrative bodies.
7. All governors, city and municipal mayors are
prohibited from practicing their profession or
engaging in any occupation other than the exercise of
their functions as local chief executives.
8. Sanggunian members may practice their
professions, engage in any occupation, or teach in
schools except during session hours: Provided, That
sanggunian members who are also members of the
Bar shall not:
a.) Appear as counsel before any court in any civil
case wherein a local government unit or any office,
agency, or instrumentality of the government is the
adverse party;
b.) Appear as counsel in any criminal case wherein
an officer or employee of the national or local
government is accused of an offense committed in
relation to his office.
c.) Collect any fee for their appearance in
administrative proceedings involving the local
government unit of which he is an official; and
d.) Use property and personnel of the government
except when the sanggunian member concerned is
defending the interest of the government.
9. No retiring justice, during the time that he is
receiving said pension shall:
a.) Appear as counsel before any court in any civil
case wherein the Government or any subdivision or
instrumentality thereof is the adverse party;
b.) In any criminal case wherein and officer or
employee of the government is accused of an offense
committed in relation to his office; or
c.) Collect any fee for his appearance in any
administrative proceedings to maintain an interest
adverse to the Government, insular, provincial or
municipal, or to any of its legally constituted officers.
NOTE: Government officials who are not prohibited
from engaging in private practice must still secure
prior authority from the head of their department.
Basis: No officer or employee shall engage directly in
any private business, vocation, or profession or be
connected with any commercial, credit, agricultural,
or industrial undertaking without a written
permission from the head of Department.
• Provided, that this prohibition will be absolute in the
case of those officers and employees whose duties and
responsibilities require that their entire time be at the
disposal of the Government
• Provided, further, That if an employee is granted
permission to engage in outside activities, the time so
devoted outside of office hours should be fixed by the
chief of the agency to the end that it will not impair
in any way the efficiency of the officer or employee: •
And provided, finally, That no permission is necessary
in the case of investments, made by an officer or
employee, which do not involve any real or apparent
conflict between his private interests and public
duties, or in any way influence him in the discharge of
his duties, and he shall not take part in the
management of the enterprise or become an officer or
member of the board of directors”
NOTE: Government officials who are prohibited by law
to engage in private practice are not allowed to
engage in private practice even if they acquire the
consent of their superiors, except in isolated cases
for a relative or a friend.
What are the penalties for unauthorized practice?
• For lawyers who corruptly or willfully appearing as
an attorney for a party to a case without authority to
do so:
• Disbarment or suspension.
• For both lawyers and non-lawyers s who appear
without authority, the following may be availed of:
1. Petition for Injunction.
2. Declaratory Relief.
3. Contempt of court
4. Administrative complaint against the erring lawyer
or government official.
5. Criminal complaint for estafa against the person
who falsely represented himself as a lawyer to the
damage of another.
Qualifications for Admission
What are the qualifications before one can be
admitted as a member of the bar?

The following are the requisites for admission to the
bar:
1. Filipino Citizenship and Residency
2. At least twenty-one years of age
3. A person of good moral character
4. The applicant must produce before the Supreme
Court satisfactory evidence of good moral character,
and that no charges against him, involving moral
turpitude, have been filed or are pending in any court
in the Philippines.
5. Possess the required educational qualifications.
6. Pass the Philippine Bar
7. Take the Lawyer’s Oath
8. Sign the Roll of Attorneys
Why is Citizenship and Residency a requirement?
• The practice of all professions in the Philippines shall
be limited to Filipino
citizens, save in cases prescribed by law.
Philippine residency is required:
• Because admission to the bar implies engaging in the
practice of law which is a public service. This requires
that the lawyer be readily accessible and available to
the public.
What is the purpose of the age requirement?
• For maturity and presumption of discretion that are
required in the practice of law.
What is the purpose of the good moral character
requirement?
• This requirement aims to maintain and uphold the
high moral standard and the dignity of the legal
profession and one of the ways of achieving this end is
to admit to the practice of the profession only those
persons who are shown to be honest and to possess
good moral character.
• Note that good moral character is not only a
requirement upon application but is a continuing
requirement for the practice of law. Want of moral
character is a ground for cancellation of the license to
practice.
• Note that the applicant is required to produce
evidence of good moral character to the Supreme
Court upon application for admission to the bar.
• The applicant must also produce evidence that no
charges against him, involving moral turpitude, have
been filed or are pending in any court in the
Philippines.
Examples of bad moral character:
1. Made a false statement in the application
2. Presented a forged certificate of good moral
character
3. Impersonated another person by using the latter’s
school records
4. Charged with or convicted of a crime involving
moral turpitude
5. Lived an adulterous life
6. Contracted a second marriage during the existence
of the first marriage
7. Involved in a bar examination anomaly even though
he was acquitted of the offense charged arising
therefrom
8. Pretending to be a lawyer without admission to the
bar
9. Engaged in unethical and questionable business
practices
Possess the required educational qualifications.
No applicant for admission to the bar examination
shall be admitted unless he presents a certificate that
he has satisfied the Secretary of Education that,
before he began the study of law, he had pursued and
satisfactorily completed in an authorized and
recognized university or college, requiring for
admission thereto the completion of a four-year high
school course, the course of study prescribed therein
for a bachelor's degree in arts or sciences with any of
the following subjects as major or field of
concentration: Political Science, Logic, English,
Spanish, History and Economics
NOTE: All applicants for admission other than those 7. political law
referred to in the two preceding section shall, before 8. labor and social legislation
being admitted to the examination, satisfactorily show 9. medical jurisprudence
that they have regularly studied law for four years, 10. taxation
and successfully completed all prescribed courses, in a 11. legal ethics
law school or university, officially approved and
recognized by the Secretary of Education. The What are the subjects in the Philippine Bar exams?
affidavit of the candidate, accompanied by a 1. Political Law and International Law
certificate from the university or school of law, shall 2. Labor Law and Social Legislations
be filed as evidence of such facts, and further evidence 3. Civil Law
may be required by the court. 4. Taxation Law
5. Commercial Law
NOTE: No applicant shall be admitted to the bar 6. Criminal Law
examinations unless he has satisfactorily completed 7. Remedial Law
the following courses in a law school or university duly 8. Legal Ethics and Practical Exercises
recognized by the government:
1. civil law When is the Bar exams conducted?
2. commercial law • 4 Sundays of November but the time of exams may
3. remedial law change.
4. criminal law 1st Sunday:
5. public and private • Political Law – 8:00am to 12:00nn – 15%
6. international law • Labor Law – 2:00pm to 6:00pm – 10%
2nd Sunday:
• Civil Law – 8:00am to 12:00nn – 15%
• Taxation Law – 2:00pm to 6:00pm – 10%
3rd Sunday:
• Commercial Law – 8:00am to 12:00nn – 15%
• Criminal Law – 2:00pm to 6:00pm – 10%
4th Sunday:
• Remedial Law – 8:00am to 12:00nn – 20%
• Legal Ethics – 2:00pm to 6:00pm – 5%
How can one pass the bar exams?
• In order that a candidate may be deemed to have
passed his examinations successfully, he must have
obtained a general average of 75 per cent in all
subjects, without falling below 50 per cent in any
subjects.
NOTE: Supreme Court can adjust the passing grade
requirement. In the past, the SC reduced the passing
grade to 70% to increase the number of passers.
How many times can an applicant take the bar
exams?
• There is no limit.
• However, candidates who have failed the bar
examinations for three times shall be disqualified from
taking another examination unless they show the
satisfaction of the court that they have enrolled in
and passed regular fourth year review classes as well
as attended a pre-bar review course in a recognized
law school.
• The professors of the individual review subjects
attended by the candidates under this rule shall
certify under oath that the candidates have regularly
attended classes and passed the subjects under the
same conditions as ordinary students and the ratings
obtained by them in the particular subject.
After the applicant has passed the bar, the applicant
is required to
• Take the lawyer’s oath before the Supreme Court,
then sign the Roll of Attorneys.
• After that the applicant is now admitted to the bar.
NOTE: Remember to pay your IBP dues and your
professional tax!
 provision of this rule, shall be barred from the
Procedure for Admission
examination, and the same to count as a failure
What is the procedure for admission to the bar?
against him, and further disciplinary action, including
• The applicant must file a petition to take the bar
permanent disqualification, may be taken in the
exams within the time given by the Supreme Court
discretion of the court.
for every bar exam together with the required
attachments.
• The applicant has the burden of proving their
qualifications.
• The applicant must show that there are no filed or
pending charges against him for an offense involving
moral turpitude. If there is, then the applicant is
required to disclose such charge. In this case, the
Supreme Court will decide whether to allow the
applicant to proceed with the application.

What is the penalty for cheating in the bar exams?

• No candidate shall endeavor to influence any
member of the committee, and during examination
the candidates shall not communicate with each other
nor shall they give or receive any assistance. The
candidate who violates this provisions, or any other
 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.

Lawyer’s Duty to the Society

What law will govern legal ethics?

LAWYER’S DUTY TO THE • For lawyers, the principal rule that is applicable is
the Code of Professional Responsibility.

SOCIETY • This Code of Professional Responsibility was

promulgated by the Supreme Court on June 21,
Lawyer’s Oath
1988.
I, NAME, do solemnly swear that I will maintain
allegiance to the Republic of the Philippines, I will
CANON 1 - A lawyer shall uphold the constitution,
support the Constitution and obey the laws as well as
obey the laws of the land and promote respect for law
the legal orders of the duly constituted authorities
and legal processes.
therein; I will do no falsehood, nor consent to the
• Rule 1.01
doing of any in court; I will not wittingly or willingly
promote or sue any groundless, false or unlawful suit,
A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.
• Rule 1.02
A lawyer shall not counsel or abet activities aimed at
defiance of the law or at lessening confidence in the
legal system.
• Rule 1.03
A lawyer shall not, for any corrupt motive or interest,
encourage any suit or proceeding or delay any man's
cause.
• Rule 1.04
A lawyer shall encourage his clients to avoid, end or
settle a controversy if it will admit of a fair
settlement.
CANON 2- A lawyer shall make his legal services
available in an efficient and convenient manner
compatible with the independence, integrity and
effectiveness of the profession.
• Rule 2.01
A lawyer shall not reject, except for valid reasons, the
cause of the defenseless or the oppressed.
• Rule 2.02
In such cases, even if the lawyer does not accept a
case, he shall not refuse to render legal advice to the
person concerned if only to the extent necessary to
safeguard the latter's rights.
• Rule 2.03
A lawyer shall not do or permit to be done any act
designed primarily to solicit legal business.
• Rule 2.04
A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so
warrant.
CANON 3- A lawyer in making known his legal
services shall use only true, honest, fair, dignified and
objective information or statement of facts.
• Rule 3.01
A lawyer shall not use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-
laudatory or unfair statement or claim regarding his
qualifications or legal services.
• Rule 3.02
In the choice of a firm name, no false, misleading or
assumed name shall be used. The continued use of the
name of a deceased partner is permissible provided
that the firm indicates in all its communications that
said partner is deceased.
• Rule 3.03
Where a partner accepts public office, he shall
withdrawal from the firm and his name shall be
dropped from the firm name unless the law allows
him to practice law concurrently.
• Rule 3.04
A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of,
or in return for, publicity to attract legal business.
CANON 4 - A lawyer shall participate in the
development of the legal system by initiating or
supporting efforts in law reform and in the
improvement of the administration of justice.
CANON 5 - A lawyer shall keep abreast of legal
developments, participate in continuing legal
education programs, support efforts to achieve high
standards in law schools as well as in the practical
training of law students and assist in disseminating
the law and jurisprudence.
CANON 6 - These canons shall apply to lawyers in
government services in the discharge of their tasks.
• Rule 6.01
The primary duty of a lawyer engaged in public
prosecution is not to convict but to see that justice is
done. The suppression of facts or the concealment of
witnesses capable of establishing the innocence of the
accused is highly reprehensible and is cause for
disciplinary action.
• Rule 6.02
A lawyer in the government service shall not use his
public position to promote or advance his private
interests, nor allow the latter to interfere with his
public duties.
• Rule 6.03
A lawyer shall not, after leaving government service,
accept engagement or employment in connection with
any matter in which he had intervened while in said
service.
Upholding the Constitution and the
Law
What is the first duty of a lawyer to the society under
the Code of Professional Responsibility?
• The first duty of a lawyer to the society is to uphold
the Constitution, obey the laws of the land and
promote respect for law and legal processes.
• While the duty to uphold the Constitution and obey
the law is an obligation imposed on every citizen, a
lawyer assumes responsibilities well beyond the basic
requirements of good citizenship. As a servant of the
law, a lawyer should moreover make himself an
example for others to emulate. Being a lawyer, he is
supposed to be a model in the community in so far as
respect for the law is concerned.
Duties of attorneys.
• To maintain allegiance to the Republic of the
Philippines and to support the Constitution
and obey the laws of the Philippines.
Rule 1.01 - A lawyer shall not engage in unlawful,
dishonest, immoral or deceitful conduct.
• Every person is expected to do the same. However,
for lawyers, because of the relationship of the
profession with administration of justice, the standard
is higher. When a lawyer, who is expected to set a
good example, fails to obey the law, his actions
discredits the legal profession itself and creates a
public impression that the law can be used to advance
one’s personal motives.
What are unlawful, dishonest, immoral or deceitful
conduct?
• Unlawful = acts or omissions contrary to law.
• Dishonest = acts of lying or cheating.
• Immoral or deceitful = acts that involve moral
turpitude.
• Moral turpitude = everything which is done contrary
to justice, modesty, or good morals; an act of
baseness, vileness or depravity in the private and
social duties which a man owes his fellowmen, or to
society in general.
1. A lawyer who asks his client for a large sum of
money which he will allegedly
use to obtain a favorable decision violates the law
against bribery and corruption and the restriction
against engaging in unlawful conduct. He further
violates such restriction when he appropriates such
money for his own personal interest. (Chu v. Guico,
A.C. No. 10573, January 13, 2015)
2. Wanton disregard for the sanctity of marriage as
shown when the lawyer pursued a married woman
and thereafter cohabited with her. (Guevarra v. Eala,
A.C. No. 7136 August 1, 2007)
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.
• For obvious reasons, a lawyer shall not counsel or
abet activities aimed at defiance of the law. Lawyers
before being admitted to the bar takes an oath to
support the Constitution and obey the laws as well as
the legal orders of the duly constituted authorities.
• A lawyer who proposes to his client a recourse or
remedy that is contrary to law, public policy, public
order and public morals, or that lessens the public
confidence in the legal system is guilty of gross
misconduct, and should be suspended from the
practice of law, or even disbarred. (Coronel v.
Cunanan, A.C. No. 6738, August 12, 2015)
Does Rule 1.02 prohibit lawyers from criticizing the
judiciary?
• No. The Supreme Court does not claim infallibility; it
will not denounce criticism made by anyone against
the Court for, if well-founded, can truly have
constructive effects in the task of the Court, but it will
not countenance any wrongdoing nor allow the
erosion of our people’s faith in the judicial system,
let alone, by those who have been privileged by it to
practice law in the Philippines.
Rule 1.03 - A lawyer shall not, for any corrupt
motive or interest, encourage any suit or proceeding
or delay any man's cause.
• Lawyers are involved in the administration of
justice. The practice of law is a public service and
thus, lawyers should not be acting with corrupt
motives or interests.
• Note however that if there is a valid ground to file a
case, then it is only proper for the lawyer to advice to
file a case, but note further that under Rule 1.04, the
lawyer shall encourage the client to avoid, end or
settle a controversy if it will admit of a fair
settlement.
What is barratry or “maintenance”?
• Barratry is stirring up quarrels, litigation, and
groundless lawsuits, and is an offense in common law
legal systems. This is not an offense in our jurisdiction,
but this is unethical on the part of the lawyer.
What is ambulance-chasing?
• Ambulance chasing is the unethical practice of
inducing personal injury victims to bring suits. The
practice of lawyers in frequenting hospitals and homes
of the injured to convince them to go to court.
• It can be accident-site solicitation of any kind of
legal business by laymen employed by an
attorney for the purpose or by the attorney himself.
Rule 1.04 - A lawyer shall encourage his clients to
avoid, end or settle a controversy if it will admit of a
fair settlement.
• The useful function of a lawyer is not only to
conduct litigation but to avoid it where possible, by
advising settlement or withholding suit. He must act
as mediator for compromise rather than an instigator
of controversy and a predator of conflict.
 • The practice of law is a profession and not a
business. Its primary purpose is public service. Profit is
Making Legal Services Available
only a by-product of the services lawyers provide.
CANON 2 - A lawyer shall make his legal services
available in an efficient and convenient manner
It is the duty of an attorney:
compatible with the independence, integrity and
• Never to reject, for any consideration personal to
effectiveness of the profession.
himself, the cause of the defenseless
• This canon requires that the legal services of a
or oppressed.
lawyer available in an efficient and convenient
manner compatible with the ethics of the profession.
What are valid reasons to reject a client?
This basically means that a lawyer shall make his
1. The lawyer is prohibited from practicing law or to
services available but there are restrictions in
engage in private practice.
advertising his services that is governed by Rule 2.03.
2. The lawyer is not in a position to carry out the
• A person in need of legal services should be able to
work effectively or competently.
find a lawyer who is qualified to provide them. It is
3. The lawyer might be representing conflicting
the responsibility of the bar to make such services
interests.
available.

Rule 2.02 - In such cases, even if the lawyer does not

Rule 2.01 - A lawyer shall not reject, except for valid
accept a case, he shall not refuse to render legal
reasons, the cause of the defenseless or the oppressed.
advice to the person concerned if only to the extent
• This rule is in place to prevent lawyers from
necessary to safeguard the latter's rights.
declining non-paying clients.
What happens if the lawyer is allowed to reject the
cause of the client, are there any obligations on the
part of the lawyer?
• If the lawyer is allowed to reject the cause of the
client, the lawyer shall still give legal advice to the
extent necessary to safeguard the person’s rights.
Rule 2.03 - A lawyer shall not do or permit to be
done any act designed primarily to solicit legal
business.
• Again, the practice of law is a profession and not a
business. Its primary purpose is public service. Profit is
only a by-product of the services lawyers provide.
• It is a relation to client in the highest degree
fiduciary
• It is 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.
Solicitation and Advertising
Are lawyers allowed to advertise their legal services?
• Yes, but it is regulated under the Code of
Professional Responsibility.

What is the purpose of regulating solicitation and

The key distinctions between an ordinary business and
advertising?
the practice of law are:
• To allow a lawyer to advertise like an ordinary
• Practice of law is a duty of public service and profit
business will commercialize the profession and lessen
is only a by-product.
its ability to render efficiently that high character of
• It is a relation as officer of the court to the
service to which every member of the bar is called.
administration of justice involving sincerity,
integrity, and reliability.
How is it regulated?
• Solicitation and advertising are regulated by Rules
2.03, 2.04, 3.01, 3.02, 3.03, and 3.04.
Rule 2.04 - A lawyer shall not charge rates lower
than those customarily prescribed unless the
circumstances so warrant.
What is the purpose of this rule?
• The purpose is to prevent competition in the matter
of charging professional fees for the purpose of
attracting clients in favor of the lawyer who offers
lower rates.
• Note however that the rule does not absolutely
prohibit the charging of lower rates or none at all to
a person who cannot afford the usual fee.
How to determine legal fees?
• The IBP issues a schedule of fees prescribing the
professional fees of a lawyer.
Can a lawyer charge higher fees?
• Yes. But this is again regulated under Canon 20.
CANON 3 - A lawyer in making known his legal
services shall use only true, honest, fair, dignified and
objective information or statement of facts.
• This canon will apply to all dealings made by a
lawyer, but more particularly in advertising his legal
services.
• As can be seen in this Canon, soliciting or
advertising is not absolutely prohibited. Lawyers are
allowed to advertise their legal services, but it must be
done with utmost honesty.
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.
• According to a multitude of cases, the best
advertising for a lawyer is a well- merited reputation
for professional capacity and fidelity to trust, which
must be earned as the outcome of character and
conduct.
What are allowable soliciting or advertising?
1. Ordinary simple professional cards.
2. Publication in a reputable law list with brief
biographical and other informative data.
3. Publication of simple announcement of opening of
law firm or change of firm.
4. Listing in telephone directory but not under
designation of special branch of law.
5. A lawyer engaged in a particular branch of law and
available to act as an associate of other lawyers in
that specific branch of legal service may send to local
lawyers only and publish his availability to serve other
lawyers in connection therewith. Note that this
cannot be sent to non-lawyers.
6. acts incidental to the lawyers practice in relation
to the media, as when a lawyer is interviewed about a
particular case.
7. Writing legal articles.
Examples of disallowed solicitations and
advertisements:
1. “Expert in…”
2. “Guaranteed to collect…”
3. Employing a bail procurer to persuade those
accused of crimes to employ a particular lawyer.
4. Searching for unknown heirs with the end in view
of having himself employed.
Is seeking a position with the government a form of
solicitation or advertising?
• No. This is not considered solicitation nor
advertising.
Is seeking full time employment as a counsel for a
corporation considered solicitation and advertisement?
• No. If however, the employment is a special
employment to represent in a case or proceeding,
then it is considered solicitation and advertisement
that is regulated under the Canons.
How will the engagement of a lawyer to other
businesses affect solicitation and advertising of his legal
services?
• A lawyer is allowed to engage in other businesses
that is not inconsistent with the lawyer’s duties as a
member of the bar.
• However, in some cases, the business may be so
related to the practice of law that the lawyer engaged
in such business may be violating the rules against
solicitation and advertising legal services.
Example: Collection agency, real estate brokerage,
insurance agency, tax service and
consultancy.
NOTE: If the lawyer is engaged in such businesses and
is also engaged in the practice of law, and the two
services are offered in the same office, then the
business will be regulated by the rules against
solicitation and advertising.
NOTE: In cases where the lawyer is engaged in other
businesses, the lawyer must make it clear whether he
is acting in another capacity or as a lawyer. This is to
properly inform the client if the transactions are
covered by the attorney-client relationship or
not.
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 indicates in all
its communications that said partner is deceased.
• Firm names can also be used as a form of
advertisement and thus regulated by the Canons.
What are the rules in choosing a firm name?
• In the choice of a firm name, no false, misleading or
assumed name shall be used.
Can a firm continue to use a deceased partner’s
name?
• The continued use of the name of a deceased
partner is permissible provided that the firm indicates
in all its communications that said partner is
deceased.
Why is there a need to indicate if a partner is already
dead?
• In the past, the requirement is to drop the name of
the deceased partner. However, under the new
Canons, the requirement now is to just indicate that
such partner is already dead.
• The reason that there is a need to indicate that the
partner is already dead is to avoid misrepresentation
of the goodwill of the firm.
Rule 3.03 - Where a partner accepts public office, he
shall withdrawal from the firm and his name shall be
dropped from the firm name unless the law allows
him to practice law concurrently.
• The purpose of this rule is to prevent law firms from
using the name of a government official as it may
affect public opinion regarding the services that
the law firm can provide.
• If the name of the partner who accepted a public
office will still be used by the law firm, then it will
appear that the law firm has connections with
government which may raise suspicion of undue
influence.
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.
• Media publicity, as a by-product of good legal
services is not prohibited. What is improper is for a
lawyer to resort to propaganda to secure media
publicity for the purpose of attracting legal business.
• The purpose of the rule is to prevent some lawyers
from gaining an unfair advantage over other through
the use of gimmickry, press agentry, or other
artificial means.
Mandatory Continuing Legal
Education
CANON 4 - A lawyer shall participate in the
development of the legal system by initiating or
supporting efforts in law reform and in the
improvement of the administration of justice.
• Note that this is not a matter of strict duty, but a
duty that flows from the lawyer’s sense of public
responsibility.

CANON 5 - A lawyer shall keep abreast of legal
developments, participate in continuing legal
education programs, support efforts to achieve high
standards in law schools as well as in the practical
training of law students and assist in disseminating
the law and jurisprudence.
• The purpose of this Canon is to require lawyers to
study the law continuously. The law is part of the
society that is constantly changing. Lawyers are
expected to be knowledgeable of the law, and for that
expectation to be met, lawyers must be required to
continuously study the law and jurisprudence.
• This is even more important to lawyers who are in
the active practice of the law.
How is Canon 5 implemented?
• Canon 5 is implemented through the Mandatory
Continuing Legal Education (MLCE) under B.M. No.
850, August 22, 2000.
What is the MCLE?
• This is a program which requires lawyers to show
proof of having undertaken improvement in their
knowledge as a precondition for renewing their license
to practice.
What is the purpose of the MCLE?
• Continuing legal education is required of members of
the Integrated Bar of the Philippines (IBP) 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. (Sec. 1, B.M. 850)
What are the requirements of completion under the
MCLE?
• Members of the IBP not exempt under Rule 7 shall
complete, every 3 years, at least 36 hours of
continuing legal education activities approved by the
MCLE Committee.
Of the 36 hours:
1. 6- shall be devoted to legal ethics.
2. 4- shall be devoted to trial and pretrial skills.
3. 5- shall be devoted to alternative dispute
resolution.
4. 9- shall be devoted to updates on substantive and
procedural laws, and jurisprudence.
5. 4- shall be devoted to legal writing and oral
advocacy.
6. 2- shall be devoted to international law and
international conventions.
7. 6- shall be devoted to such subjects as may be
prescribed by the MCLE Committee.
How are credit units acquired?
Participatory credit may be claimed for:
1. Attending approved education activities like
seminars, conferences, symposia, in-house education
programs, workshops, dialogues or round table
discussions.
2. Speaking or lecturing, or acting as assigned
panelist, reactor, commentator, resource speaker,
moderator, coordinator or facilitator in approved
education activities.
3. Teaching in a law school or lecturing in a bar
review class.
Non-participatory credit may be claimed per
compliance period for:
1. Preparing, as an author or co-author, written
materials published or accepted for publication which
were not prepared in the ordinary course of the
member's practice or employment.
Examples: in the form of an article, chapter, book, or
book review which contribute to the legal education of
the author member,
2. Editing a law book, law journal or legal newsletter.
Who are exempted from the MCLE requirement?
The following members of the Bar are exempt from
the MCLE requirement:
1. The President and the Vice President of the
Philippines, and the Secretaries and Undersecretaries
of Executives Departments;
2. Senators and Members of the House of
Representatives;
3. The Chief Justice and Associate Justices of the
Supreme Court, incumbent and retired members of
the judiciary, incumbent members of Judicial Bar
Council, incumbent members of the Mandatory
Continuing Legal Education Committee, incumbent
court lawyers who have availed of the Philippine
Judicial Academy programs of continuing judicial
education;
4. The Chief State Counsel, Chief State Prosecutor and
Assistant Secretaries of the Department of Justice;
5. The Solicitor General and the Assistant Solicitor
General;
6. The Government Corporate Counsel, Deputy and
Assistant Government Corporate Counsel;
7. The Chairmen and Members of the Constitutional
Commissions;
8. The Ombudsman, the Overall Deputy Ombudsman,
the Deputy Ombudsmen and the Special Prosecutor of
the Office of the Ombudsman;
9. Heads of government agencies exercising quasi-
judicial functions;
10. Incumbent deans, bar reviews and professors of
law who have teaching experience for at least 10
years accredited law schools;
11. The Chancellor, Vice-Chancellor and members of
the Corps of Professors and Professorial Lectures of
the Philippine Judicial Academy; and
12. Governors and Mayors. (Sec. 1, Rule 7, BM 850)
Mandatory Continuing Legal Education
The following Members of the Bar are likewise
exempted:
1. Those who are not in law practice, private or
public.
2. Those who have retired from law practice with the
approval of the IBP Board of Governors.
3. A member may file a verified request setting forth
good cause for exemption (such as physical disability,
illness, post graduate study abroad, proven expertise
in law, etc.) from compliance with or modification of
any of the requirements, including an extension of
time for compliance, in accordance with a procedure
to be established by the MCLE Committee.

What constitutes non-compliance with the MCLE
requirement?
The following shall constitute non-compliance
1. Failure to complete the education requirement
within the compliance period;
will be given 60 days from the date of notification to
explain the deficiency or otherwise show compliance
with the requirements. Such notice shall contain,
among other things, the following language in capital
letters:
“YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION

2. Failure to provide attestation of compliance or FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE

WITH THE MCLE REQUIREMENT BY (INSERT DATE 60
exemption;
DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE
3. Failure to provide satisfactory evidence of
FOR LISTING AS A DELINQUENT MEMBER.”
compliance (including evidence of exempt
status) within the prescribed period;
• The Member may use this period to attain the
4. Failure to satisfy the education requirement and
adequate number of credit hours for compliance.
furnish evidence of such compliance within 60 days
Credit hours earned during this period may only be
from receipt of a non-compliance notice;
counted toward compliance with the prior compliance
5. Any other act or omission analogous to any of the
period requirement unless hours in excess of the
foregoing or intended to circumvent or evade
requirement are earned, in which case, the excess
compliance with the MCLE requirements.
hours may be counted toward meeting the current
compliance period requirement.
What happens if the lawyer fails to comply?
• A member failing to comply will receive a Non-
Compliance Notice stating the specific deficiency and
What are the consequences of non-compliance with
the MCLE requirement?
• A member who, for whatever reason, is in non-
compliance at the end of the compliance period shall
pay a non-compliance fee.
• A member who fails to comply with the
requirements after the 60- day period
for compliance has expired, shall be listed as a
delinquent member of the IBP upon the
recommendation of the MCLE Committee. The
investigation of a member for non-compliance shall be
conducted by the IBP’s Commission on Bar Discipline
as a fact-finding arm of the MCLE Committee.
• Note also that the pleadings filed by the lawyer
without the an MCLE Certificate of Compliance or
Certificate of Exemption would subject the counsel to
appropriate penalty and disciplinary action.
How can a lawyer be removed in the listing of
delinquent members for failure to comply with the
MCLE requirement?
• The involuntary listing as a delinquent member shall
be terminated when the member provides proof of
compliance with the MCLE requirement, including
payment of non-compliance fee. A member may
attain the necessary credit hours to meet the
requirement for the period of non-compliance during
the period the member is on inactive status. These
credit hours may not be counted toward meeting the
current compliance period requirement. Credit
hours attained during the period of non-compliance
in excess of the number needed to satisfy the prior
compliance period requirement may be counted
toward meeting the current compliance period
requirement.
Applicability of the CPR to
Government Lawyers
CANON 6 - These canons shall apply to lawyers in
government services in the discharge of their tasks.
• Lawyers in the government are covered by the Code
of Professional Responsibility. Even more so because
they are not only expected to be role models because
they are lawyers, but also because they are in public
service.
Can a lawyer who be disciplined as a member of the
bar for a misconduct in the performance of official
functions?
• As a general rule, no. If, however, the misconduct
also constitutes a violation of the Code of Professional
Responsibility, then the erring lawyer can be held
liable for both violations.
Rule 6.01 - The primary duty of a lawyer engaged in
public prosecution is not to convict but to see that
justice is done. The suppression of facts or the
concealment of witnesses capable of establishing the
innocence of the accused is highly reprehensible and
is cause for disciplinary action.
What is the primary duty of a lawyer engaged in
public prosecution?
• The primary duty of a lawyer engaged in public
prosecution is not to convict but to see that justice is
done.
• Prosecutors are the representatives of the State in
criminal actions. The Prosecutors’ interests should be
the attainment of justice and not the conviction of an
accused.
What happens if a prosecutor suppresses facts or
conceals witnesses that can establish the innocence of
the accused?
• The prosecutor can be subject to disciplinary action
that may include suspension from the practice of law
or disbarment.
• The prosecutor should not hesitate to recommend
the acquittal of the accused if the evidence in his
possession shows that the accused is innocent.
• For his finest hour is not when he wins a case with
the conviction of the accused. His finest hour is still
when, overcoming the advocate’s natural obsession for
victory, he stands up before the court and pleads not
for the conviction of the accused but for his acquittal.
For indeed, his noble task is to prosecute only the
guilty and to protect the innocent.
Rule 6.02 - A lawyer in the government service shall
not use his public position to promote or advance his
private interests, nor allow the latter to interfere with
his public duties.
• This rule is also consistent with the duty of public
officials to uphold public interest over and above
private interests.
• This rule is applicable to all lawyers in the
government, but it is particularly applicable to
lawyers in the government who are allowed to engage
in private practice or who has engaged in private
practice before being a public official.
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.
Can a lawyer engage in private practice after leaving
government service?
• Yes, but he cannot accept engagements or
employment in connection with any matter in which
he had intervened while in government service.
What is the meaning of “any matter” in Rule 6.03?
• The “matter” contemplated are those that are:
1. adverse-interest conflicts- substantial relatedness
and adversity between the government matter and
the new client’s matter in interest.
2. congruent-interest representation conflicts-
prohibits lawyers from representing a private practice
client even if the interests of the former government
client and the new client are entirely parallel.
What is the scope of intervention contemplated under
Rule 6.03?
• There are, therefore, two possible interpretations of
the word "intervene." Under the first interpretation,
"intervene" includes participation in a proceeding even
if the intervention is irrelevant or has no effect or
little influence. Under the second interpretation,
"intervene" only includes an act of a person who has
the power to influence the subject proceedings. We
hold that this second meaning is more appropriate to
give to the word "intervention" under Rule 6.03 of
the Code of Professional Responsibility in light of its
history.
Note:
• “SECTION 7. Prohibited Acts and Transactions. – In
addition to acts and omissions of public
officials and employees now prescribed in the
Constitution and existing laws, the following shall
constitute prohibited acts and transactions of any
public official and employee and are hereby declared
to be unlawful:
• (b) Outside employment and other activities related
thereto. – Public officials and employees during their
incumbency shall not:
• (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
• These prohibitions shall continue to apply for a
period of one (1) year after resignation, retirement,
or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional
concerned cannot practice his profession in connection
with any matter before the office he used to be with,
in which case the one-year prohibition shall likewise
apply.”

LAWYER’S DUTY TO THE
LEGAL PROFESSION
CANON 7 - A LAWYER SHALL AT ALL TIMES
UPHOLD THE INTEGRITY AND DIGNITY OF THE
LEGAL PROFESSION AND SUPPORT THE ACTIVITIES
OF THE INTEGRATED BAR.
• Rule 7.01
A lawyer shall be answerable for knowingly making a
false statement or suppressing a material fact in
connection with his application for admission to the
bar.
• Rule 7.02
A lawyer shall not support the application for
admission to the bar of any person known by him to
be unqualified in respect to character, education, or
other relevant attribute.
• Rule 7.03
A lawyer shall not engage in conduct that adversely
reflects on his fitness to practice law, nor shall he
whether in public or private life, behave in a
scandalous manner to the discredit of the legal
profession.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR
TOWARDS HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
• Rule 8.01
A lawyer shall not, in his professional dealings, use
language which is abusive, offensive or otherwise
improper.
• Rule 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.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
• Rule 9.01
A lawyer shall not delegate to any unqualified person
the performance of any task which by law may only
be performed by a member of the bar in good
standing.
• Rule 9.02
A lawyer shall not divide or stipulate to divide a fee
for legal services with persons not licensed to practice
law, except:
(a) Where there is a pre-existing agreement with a
partner or associate that, upon the latter's
death, money shall be paid over a reasonable period of
time to his estate or to persons
specified in the agreement; or
(b) Where a lawyer undertakes to complete unfinished
legal business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer
employees in a retirement plan even if
the plan is based in whole or in part, on a profit
sharing agreement.
Upholding the Integrity of the
Profession
CANON 7 - A LAWYER SHALL AT ALL TIMES
UPHOLD THE INTEGRITY AND DIGNITY OF THE
LEGAL PROFESSION AND SUPPORT THE ACTIVITIES
OF THE INTEGRATED BAR.
What is the duty of a lawyer to the legal profession?
• A lawyer shall at all times uphold the integrity and
dignity of the legal profession and support the
activities of the integrated bar.
How can a lawyer uphold the integrity and dignity of
the legal profession?
A lawyer can uphold the integrity and dignity of the
legal profession by performing the lawyer’s duties to
the society, to the courts, to the clients, and to his
colleagues. This simply means that the lawyer can
uphold the integrity and dignity of the legal profession
by following the Code of Professional Responsibility.
How can a lawyer support the activities of the
Integrated Bar?
• A lawyer can support the activities of the integrated
bar by participating in said activities and not by
merely paying the IBP dues.
Rule 7.01 - A lawyer shall be answerable for
knowingly making a false statement or suppressing a
material fact in connection with his application for
admission to the bar.
Who is covered by this rule?
• This rule is applicable to bar applicants who passed
the bar but made a false statement or suppressed a
material fact in connection with their application.
Such falsehood or misrepresentation must be done in
relation to the qualifications for admission to the bar.
Are law students covered by the Code of Professional
Responsibility?
• Law students who aspire to be lawyers must observe
the duties of and responsibilities of a lawyer. Failure to
do so can lead to being denied admission to the bar.
Can a lawyer be disbarred or suspended for something
he or she did before being a member of the bar?
• Yes. A lawyer who made a false statement or
suppressed a material fact in connection with their
application to the bar can be disbarred or suspended.
NOTE: If what the applicant concealed is a crime
which does not involve moral turpitude, it is the fact
of concealment and not the commission of the crime
itself that makes him morally unfit to become a
lawyer. It should be noted that the application was
made under oath, which he lightly took when he
made the concealment.
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.

What is the participation of lawyer in the application
for admission to the bar of another person?
• Lawyers can vouch for the good moral conduct of
any applicant subject to the rules that will be
provided by the Supreme Court.
Link to the form: https://sc.judiciary.gov.ph/files/bar-
2021/TESTIMONIAL-OF-GOOD-
MORALCHARACTER.pdf
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.
What is the purpose of this rule?
• The purpose of this rule is to avoid the loss of trust
of the public to the legal profession.
• Note that this covers online activities of lawyers.
Lawyers are expected to exhibit probity, good
demeanor, and good character in using social
networking websites. Thus, a lawyer who posts
remarks on his personal social media account to
besmirch the name and reputation of another person
is liable and may be suspended from the practice of
law.
Examples of grossly immoral conduct that reflects
unfitness to practice law:
1. Lives an adulterous life with a married woman.
2. Maintains illicit relations with his niece, or the
niece of his common-law wife. (Royong v. Oblena)
3. Abandons his lawful wife to live with another
woman.
4. Contracts marriage while his first marriage is still
subsisting.
5. Seduces a woman to have carnal knowledge with
her on the basis of misrepresentation that he is going
to marry her.
What is the consequence if a lawyer performs a grossly
immoral act?
• The lawyer can be suspended or disbarred for
violating Canons 1 and 7. EXAMPLE:
NOTE: It is immaterial if the lawyer performed the 1. misappropriating the money of his employer
immoral act in his private life. A lawyer may not 2. falsifying court documents
divide his personality so as to be an attorney at one 3. participating in a false and simulated transaction.
time and a mere citizen at another. (Royong v.
Oblena)
NOTE: Immoral acts can be excused or be penalized
Lawyer’s Relation with Other
with a lighter penalty. To warrant suspension or Lawyers
disbarment, the act must be grossly immoral.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR
What happens if a lawyer is convicted of a crime
TOWARDS HIS PROFESSIONAL COLLEAGUES, AND
involving moral turpitude?
SHALL AVOID HARASSING TACTICS AGAINST
• A lawyer convicted of a crime involving moral
OPPOSING COUNSEL.
turpitude will either be suspended from the practice
of law or disbarred.
How should a lawyer conduct himself towards other
lawyers?
NOTE: The commission of fraud or falsehood in the
• A lawyer shall conduct himself with courtesy,
private life of a lawyer may badly reflect on his fitness
fairness and candor towards his professional
to practice law and he may be administratively
colleagues, and shall avoid harassing tactics against
disciplined therefor.
opposing counsel. Candor, fairness, and truthfulness
should characterize the conduct of a lawyer with
other lawyers.
How should a lawyer conduct himself towards other
lawyers?
• A lawyer shall conduct himself with courtesy,
fairness and candor towards his professional
colleagues, and shall avoid harassing tactics against
opposing counsel. Candor, fairness, and truthfulness
should characterize the conduct of a lawyer with
other lawyers.
• Mutual bickering, unjustified recriminations and
offensive behavior among lawyers not only detract
from the dignity of the legal profession, but also
constitute highly unprofessional conduct subject to
disciplinary action.
Examples of actions that are considered unethical
under Canon 8:
1. Take advantage of the excusable unpreparedness or
absence of counsel during the trial of a case.
2. Criticize or impute ill motive to the lawyer who
accepts what in his opinion is a weak case.
3. Proceed to negotiate with the client of another
lawyer to waive all kinds of claims when the latter is
still handling the civil case.
4. Steal another lawyer’s client.
Rule 8.01 - A lawyer shall not, in his professional
dealings, use language which is abusive, offensive or
otherwise improper.
What language should a lawyer use in his professional
dealings?
• In a lawyer’s professional dealings, the lawyer should
not use language which is abusive, offensive, or
otherwise improper. The lawyer should treat the
opposing counsel and other lawyers with that
courtesy, dignity, and civility all have a right to
expect.
• The lawyer’s arguments, whether written or oral
should be gracious to both the court and opposing
counsel and should be of such words as may be
properly addressed by one gentleman to another.
To what kind of communication rule 8.01 applies?
• The rule applies to all verbal communications and
not only oral communications. This means that a
lawyer shall not use language which is abusive,
offensive or otherwise improper in pleadings, motions,
or any other written communications.
Examples of improper communication:
1. Calling an adverse counsel as “bobo” or using the
word “ay que bobo” in reference to the manner of
offering evidence.
2. Behaving without due regard for the trial court
and the opposing counsel and threatening the court
that he would file a petition for certiorari.
3. Stating that the demand from a former client’s
counsel should be treated “as a mere scrap of paper
or should have been addressed by her counsel to the
urinal project of the MMDA where it may serve its
rightful purpose”
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.
What are acts that are considered encroachment upon
the business of other lawyers?
1. Accepting a client without knowing if the services
of the previous lawyer of such client was already
terminated, or at least notifying the previous counsel
about the engagement.
2. Appearing in court in a case without notice to the
first lawyer amounts to improper encroachment upon
the professional employment of the other counsel.
3. Communicating with an opposing party that is
represented by counsel without the knowledge of said
counsel, even if the opposing party is willing to
communicate.
4. A lawyer is encroaching when he promises better
service, lowers attorney’s fees, and downgrades the
Preventing Unauthorized Practice of
qualifications or services of the first attorney.
Law
NOTE: A lawyer has the right without fear or favor, CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR

to give proper advice and assistance to those seeking INDIRECTLY, ASSIST IN THE UNAUTHORIZED

relief against unfaithful or neglectful counsel. In this PRACTICE OF LAW.

case, this will not be considered as encroachment. What is the purpose of this rule?
• The practice of law is reserved to the members of

If a client who is represented by counsel, decides to the bar in good and regular standing. Any person who

hire an additional lawyer and the second lawyer practices law without proper authority is doing

accepts, is this considered as encroachment? something that is contrary to the rules issued by the

• No. The client is free to hire as many lawyers as he Supreme Court. Thus, it is only consistent with public

or she wants. policy to prevent unauthorized practice of law.

The purpose is to protect the public from persons

NOTE: If the new lawyer will appear in court, he engaging in unauthorized practice of law.

must communicate with the original counsel before

making an appearance as co-counsel. Examples of unauthorized practice of law:
1. Appearing as counsel even before taking lawyer’s

• Should the original lawyer object, he should decline oath and signing the Roll of Attorneys is unauthorized

association but if the original lawyer is relieved, he practice.

may come into the case.

2. Using the title “Attorney” in his name even though
he is a Shari’a lawyer.
3. Using a letterhead which listed as senior partners
those who are only paralegals due to their
investments in the law firm.
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.
What is the purpose of this rule?
• The purpose of the rule is to ensure that only
lawyers in good and regular standing are the ones
who will perform such covered tasks.
Who are the persons who are unqualified to perform
tasks which by law may only be performed by a
member of the bar in good standing?
1. Persons who are not members of the bar.
2. Lawyers who are not in good standing.
Examples of acts that may only be done by a lawyer
in good standing:
1. The examination of witnesses.
2. Presentation of evidence.
3. Appear as counsel in court.
Examples of acts that may be delegated to non-
lawyers:
1. Examining of court records.
2. Finding and interviewing witnesses.
3. Finding jurisprudence to support a case.
4. Delivering papers.
Rule 9.02 - A lawyer shall not divide or stipulate to
divide a fee for legal services with persons not licensed
to practice law, except:
(a) Where there is a pre-existing agreement with a
partner or associate that, upon the latter's death,
money shall be paid over a reasonable period of time
to his estate or to persons specified in the agreement;
or
(b) Where a lawyer undertakes to complete unfinished
legal business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer
employees in a retirement plan even if the plan is
based in whole or in part, on a profit-sharing
agreement.
Can a lawyer divide legal fees with persons not
authorized to practice law?
• No. A lawyer shall not divide or stipulate to divide a
fee for legal services with persons not licensed to
practice law.
What are the exceptions?
1. Where there is a pre-existing agreement with a
partner or associate that, upon the latter's death,
money shall be paid over a reasonable period of time
to his estate
or to persons specified in the agreement; or
2. Where a lawyer undertakes to complete unfinished
legal business of a deceased lawyer; or
3. Where a lawyer or law firm includes non-lawyer
employees in a retirement plan even if the plan is
based in whole or in part, on a profit-sharing
agreement.
Examples of unethical acts under Rule 9.02:
1. An agreement between a union lawyer and a
layman president of the union to divide equally the
attorney’s fees that may be awarded in a labor case
violates this rule and is illegal and immoral.
2. A donation by a lawyer to a labor union of part of
his attorney’s fees taken from the proceeds of a
judgment secured by him for the labor union is
improper because it amounts to a rebate or
commission.
3. A contract between a lawyer and a layman
granting the latter a percentage of the fees collected
from clients secured by the layman and enjoining the
lawyer not to deal directly with said clients is null
and void, and the lawyer may be disciplined for
unethical conduct.
NOTE: The first and second exceptions to Rule 9.02
covers
compensation for legal services rendered by a
deceased lawyer during his lifetime. If the agreement
will cover future legal services by the firm where the
deceased lawyer belonged, then the agreement is
improper and will be considered as unethical division
of legal fees.
• The third exception on the other hand does not
really involve legal fees. It is about the retirement plan
of a firm that will include non-lawyer personnel.
The Integrated Bar of the Philippines
What is the Integrated Bar of the Philippines?
• The Integrated Bar of the Philippines is an official
national body composed of all persons whose names
now appear or may hereafter be included in the Roll
of Attorneys of the Supreme Court. (Sec. 1, Rule
139-A)
What is the purpose of the IBP?
• The fundamental purposes of the Integrated Bar
shall be to elevate the standards of the legal
profession, improve the administration of justice, and
enable the Bar to discharge its public responsibility
more effectively.
• Note also that the IBP has a Commission on Bar
Discipline that can entertain complaints for
disbarment, suspension, and discipline of lawyers.
Is membership to the IBP compulsory?
• Yes. All lawyers are members of the IBP.
Does this violate the freedom of association enshrined
in the Constitution?
• No. Integration foes not make a lawyer a member of
any group of which he is not already a member. He
became a member of the bar when he passed the
bar examinations. All that integration actually does is
to provide an official national organization for the
well-defined but unorganized and incohesive group of • Subject to the provisions of Section 12 of this Rule,
which every lawyer is a member. default in the payment of annual dues for six months
shall warrant suspension of membership in the
Does the IBP collect membership fees? Integrated Bar, and default in such payment for one
• Yes. Every member of the Integrated Bar shall pay year shall be a ground for the removal of the name of
such annual dues as the Board of Governors shall the delinquent member from the Roll of Attorneys.
determine with the approval of the Supreme Court.
Sec. 12
Is the collection of IBP dues constitutional?
• The Board of Governors shall provide in the By-
• A membership fee in the Integrated Bar is an
Laws for grievance procedures for the enforcement
exaction for regulation, while the purpose of a tax is
and maintenance of discipline among all the
revenue. If the Court has inherent power to regulate
members of the Integrated Bar, but no action
the Bar, it follows that as an incident to regulation, it
involving the suspension or disbarment of a member
may impose a membership fee for that purpose. It
or the removal of his name from the Roll of Attorneys
would not be possible to push through an Integrated
shall be effective without the final approval of the
Bar program without means to defray the
Supreme Court.
concomitant expenses. The doctrine of implied powers
necessarily includes the power to impose such an
Will the membership to the IBP, or payment of IBP
exaction.
dues, violate the freedom of speech of lawyers?
• No. A lawyer is free, as he has always been, to voice
What is the effect if a lawyer fails to pay his or her
his views on any subject in any manner he wishes,
IBP dues?
even
though such views be opposed to positions taken by
the Unified Bar.
• For the Integrated Bar to use a member's due to
promote measures to which said member is opposed,
would not nullify or adversely affect his freedom of
speech.
• Since a State may constitutionally condition the
right to practice law upon membership in the
Integrated Bar,
it is difficult to understand why it should become
unconstitutional for the Bar to use the member's dues
to fulfill the very purposes for which it was
established.
• The objection would make every Governmental
exaction the material of a "free speech" issue. Even the
income tax would be suspect. The objection would
carry us to lengths that have never been dreamed of.
The
conscientious objector, if his liberties were to be thus
extended, might refuse to contribute taxes in
furtherance of war or of any other end condemned by
his conscience as irreligious or immoral. The right of
private judgment has never yet been exalted above
the powers and the compulsion of the agencies of
Government. (In re Integration of the Bar of the
Philippines, 1973)
Can a member of the IBP terminate his or her
membership?
• Yes. A member may terminate his membership by
filing a written notice to that effect with the
Secretary of the Integrated Bar, who shall
immediately bring the matter to the attention of the
Supreme Court. Forthwith he shall cease to be a
member and his name shall be stricken by the Court
from the Roll of Attorneys. Reinstatement may be
made by the Court in accordance with rules and
regulations prescribed by the Board of Governors and
approved by the Court.

Lawyer’s Duty to the
Courts
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.
• Rule 10.01
A lawyer shall not do any falsehood, nor consent to
the doing of any in Court; nor shall he mislead, or
allow the Court to be misled by any artifice.
• Rule 10.02
A lawyer shall not knowingly misquote or
misrepresent the
contents of a paper, the language or the argument of
opposing counsel, or the text of a decision or
authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or
assert as a fact that which has not been proved.
• Rule 10.03
A lawyer shall observe the rules of procedure and shall
not misuse them to defeat the ends of justice.
CANON 11 - A LAWYER SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE COURTS AND
TO JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.
• Rule 11.01
A lawyer shall appear in court properly attired.
• Rule 11.02
A lawyer shall punctually appear at court hearings.
• Rule 11.03
A lawyer shall abstain from scandalous, offensive or
menacing language or behavior before the Courts.
• Rule 11.04
A lawyer shall not attribute to a Judge motives not
supported by the record or have no materiality to the
case.
• Rule 11.05
A lawyer shall submit grievances against a Judge to
the proper authorities only.
CANON 12 - A LAWYER SHALL EXERT EVERY
EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN
THE SPEEDY AND EFFICIENT 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.
• Rule 12.02
A lawyer shall not file multiple actions arising from
the same cause.
• Rule 12.03
A lawyer shall not, after obtaining extensions of time
to file pleadings, memoranda or briefs, let the period
lapse without submitting the same or offering an
explanation for his failure to do so.
• Rule 12.04
A lawyer shall not unduly delay a case, impede the
execution of a judgment or misuse Court processes.
• Rule 12.05
A lawyer shall refrain from talking to his witness
during a break or recess in the trial, while the witness
is still under examination.
• Rule 12.06
A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another.
• Rule 12.07
A lawyer shall not abuse, browbeat or harass a
witness nor needlessly inconvenience him.
• Rule 12.08
A lawyer shall avoid testifying in behalf of his client,
except:
(a) 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.
CANON 13 - A LAWYER SHALL RELY UPON THE
MERITS OF HIS CAUSE AND REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE OF INFLUENCING THE
COURT.
• Rule 13.01
A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating
familiarity with Judges.
• Rule 13.02
A lawyer shall not make public statements in the
media regarding a pending case tending to arouse
public opinion for or against a party.
• Rule 13.03
A lawyer shall not brook or invite interference by
another branch or agency of the government in the
normal course of judicial proceedings.
Lawyer Owes Candor and Fairness to
the Courts
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT.
• A lawyer is, first and foremost, an officer of the
court. Accordingly, should there be a conflict between
his duty to his client and that to the court, he should
resolve the conflict against the former and in favor of
the latter, his primary responsibility being to uphold
the cause of justice
Rule 10.01 - A lawyer shall not do any falsehood, nor
consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any
artifice.
• A lawyer should not conceal the truth from the
court, nor mislead the court in any manner no
matter how demanding his duties to clients may be.
His duties to his client should yield to his duty to deal
candidly with the court. For no client is entitled to
receive from the
lawyer any service involving dishonesty to the courts.
Examples of falsehood committed by lawyers to the
courts:
1. Presenting falsified documents in court which he
knows to be false.
2. Knowingly alleging an untrue statement of fact in a
pleading.
3. Denying receipt of notices or papers from the
opposing party.
4. Making up an excuse for an absence for a hearing.
5. Using a false MCLE compliance number.
NOTE: Under Rule 10.01, the falsehood need not
originate from the lawyer. If his client is trying to do
falsehood before the court, the lawyer can be liable if
he knowingly allows it.
Rule 10.02 - A lawyer shall not knowingly misquote
or misrepresent the contents of a paper, the language
or the argument of opposing counsel, or the text of a
decision or 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.
What are the prohibited acts under Rule 10.02?
1. Knowingly misquote or misrepresent the contents
of a paper.
2. Knowingly misquote or misrepresent the language
or the argument of opposing counsel.
3. Knowingly misquote or misrepresent the text of a
decision or authority.
4. Knowingly cite as law a provision already rendered
inoperative by repeal or amendment.
5. Assert as a fact that which has not been proved.
How to properly cite decisions of the Supreme Court?
• In citing the Supreme Court’s decisions, and rulings,
it is the bounden duty of courts, judges and lawyers
to reproduce or copy the same word for word and
punctuation mark for punctuation mark. Ever present
is the danger that if not faithfully and exactly quoted,
the decisions and rulings may lose their proper and
correct meaning, to the detriment of other courts,
lawyers and the public who may thereby be misled.
• A mere typographical error in the citation of an
authority is not contemptuous. But when
misquotation is intended, the lawyer is subject to
disciplinary action.
Rule 10.03 - A lawyer shall observe the rules of
procedure and shall not misuse them to defeat the
ends of justice.
• Rules of procedure are in place to make the
administration of justice efficient. If a lawyer abuses
such rules of procedure, then such lawyer is not
assisting in the administration of justice.
Example of an act violating Rule 10.03:
• Filing multiple actions constitutes an abuse of the
court’s processes. Those who file multiple or repetitive
actions subject themselves to disciplinary
action for incompetence or willful violation of their
duties as attorneys to act with good fidelity to the
courts, and to maintain only such actions that appear
to be just and consistent with truth and honor.
Observing and Maintaining Respect
Due the Courts and Judicial Officers
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.
• Lawyers are duty bound to uphold the dignity and
authority of the Court, to which they owe their
fidelities, and to promote the administration of
justice.
Examples of acts violating Canon 11:
1. Threatens the judge with the filing of an
administrative charge if his motion is not granted.
2. Berating the researcher of the court in his pleading.
3. Defying a temporary restraining order issued by
the Court of Appeals.
4. Making public utterances that tend to tarnish the
integrity of the Court and unfairly attributes false
motives against its members.
Rule 11.01 - A lawyer shall appear in court properly
attired.
What is the proper attire in court?
• Formal attire.
Rule 11.02 - A lawyer shall punctually appear at
court hearings.
• A lawyer should show respect due the courts and
judicial officer by appearing during the trial of a case
punctually and in proper attire.
• Inexcusable absence from, or repeated tardiness in,
attending a pre-trial or hearing may subject the
lawyer to disciplinary action as his actions show
disrespect to the court and are therefore considered
contemptuous behavior.
Rule 11.03 - A lawyer shall abstain from scandalous,
offensive or menacing language or behavior before the
Courts.
• 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. His
arguments, written or oral, should be gracious to both
the court and opposing counsel and be of such words
as may be properly addressed by one gentleman to
another.
Rule 11.04 - A lawyer shall not attribute to a Judge
motives not supported by the record or have no
materiality to the case.
Can a lawyer criticize judicial conduct?
• Yes. Rule 11.04 does not prohibit criticizing judicial
conduct as long as it is supported by the record or is
material to the case.
• If a lawyer files cases against a judge without
substantial basis, the such lawyer violates Rule 11.04.
Rule 11.05 - A lawyer shall submit grievances against
a Judge to the proper authorities only.

Where should a lawyer submit his or her grievances
against a judge?
• The Supreme Court. The SC has administrative
supervision over all courts and the power to discipline
judges of lower courts.
NOTE: The lawyer is required to exhaust judicial
remedies which result in a finding that the judge has
gravely erred.
Assisting the Court in Speedy and
Efficient 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. As such,
lawyers should also support the speedy, efficient,
impartial, correct, and inexpensive administration of
justice.
Acts considered violating Canon 12:
1. Inadequate preparation for a case.
2. Misuse of a rule of procedure to delay a case.
3. Prosecuting clearly frivolous cases or appeals to
drain the resources of the other party and compel
him to submit out of exhaustion.
4. Filing multiple petitions or complaints for a cause
that has been previously rejected in the false
expectation of getting favorable action.
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.
Why is this required?
• Without adequate preparation, the lawyer may not
be able to effectively assist the court in the efficient
administration of justice. This could lead to delays in
the case as the hearings could be reset to another
date.
Rule 12.02 - A lawyer shall not file multiple actions
arising from the same cause.
What is the purpose of this rule?
• There is an affirmative duty of a lawyer to check
against useless litigations. Multiple suits arising from
the same cause will lead to the clogging of the court
dockets denying access to justice to others.
NOTE: A lawyer shall encourage his clients to avoid,
end or settle a controversy if it will admit of a fair
settlement.
What is forum shopping?
• Forum shopping is the improper practice of going
from one court to another in the hope of securing a
favorable relief in one court which another court has
denied, or the filing of repetitious suits or proceedings
in different courts
concerning substantially the same subject matter.
What are the test to determine if there is forum
shopping?
• The test for determining whether a litigant violated
the rule against forum shopping is where the elements
of litis pendentia are present or where a final
judgment in one case will amount to res judicata in
the other case.
What are the elements of litis pendentia?
1. Identity of parties, or at least such parties as
represent the same interests in both actions.
2. Identity of rights asserted and relief prayed for, the
relief being founded on the same facts.
3. Identity of the two preceding particulars is such
that any judgment rendered in the pending case,
regardless of which party is successful, would amount
to res judicata in the other.
What are the elements of Res Judicata?
1. There be a decision on the merits.
2. It be decided by a court of competent jurisdiction.
3. The decision is final.
4. The two actions involved identical parties, subject
matter, and causes of action.
Is forum shopping allowed?
• No. Every initiatory pleading is allowed to include a
certification against forum shopping.
What are the contents of the certification against
forum shopping?
• The plaintiff or principal party shall certify under
oath in the complaint or other initiatory pleading
asserting a claim for relief, or in a sworn certification
annexed thereto and simultaneously filed therewith:
(a) that he or she has not theretofore commenced any
action or filed any claim involving the same issues in
any court, tribunal or quasi-judicial agency and, to
the best of his or her 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 or she should thereafter learn that the same
or similar action or claim has been filed or is pending,
he or she shall report that fact within five (5)
calendar days therefrom to the court wherein his or
her aforesaid complaint or initiatory pleading has
been filed.
What happens if there is no certification against
forum shopping in an initiatory pleading?
• Failure to comply with the foregoing requirements
shall not be curable by mere amendment of the
complaint or other initiatory pleading but shall be
cause for the dismissal of the case without prejudice,
unless otherwise provided, upon motion and after
hearing.
What happens if the certification against forum
shopping is false?
• The submission of a false certification or non-
compliance with any of the undertakings therein shall
constitute indirect contempt of court, without
prejudice to the corresponding administrative and
criminal actions.
What happens if the act of forum shopping is found to
be deliberate?
• If the acts of the party or his or her counsel clearly
constitute willful and deliberate forum shopping, the
same shall be ground for summary dismissal with
prejudice and shall constitute direct contempt, as well
as a cause for administrative sanctions. (Sec. 5, Rule
7, RoC)
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.
• The court censures the practice of counsels who
secures repeated extensions of time to file their
pleadings and thereafter simply let the period lapse
without submitting the pleading on even an
explanation or manifestation of their failure to do so.
There exists a breach of duty not only to the court
but also to the client.
Rule 12.04 - A lawyer shall not unduly delay a case,
impede the execution of a judgment or misuse Court
processes.
Rule 12.05 - A lawyer shall refrain from talking to
his witness during a break or recess in the trial, while
the witness is still under examination.
What is the purpose of this rule?
• To prevent the suspicion that the lawyer is coaching
the witness what to say during the resumption of the
examination.
• To uphold and maintain fair play with the other
party and to prevent the examining lawyer from
being tempted to coach his own witness to suit his
purpose.
Rule 12.06 - A lawyer shall not knowingly assist a
witness to misrepresent himself or to impersonate
another.
• While a lawyer may interview witnesses in advance
of trial or attend to their needs if needed, the lawyer
should avoid any action as may be misrepresented as
an attempt to influence the witness what to say
in court.
Rule 12.07 - A lawyer shall not abuse, browbeat or
harass a witness nor needlessly inconvenience him.
What are the rights of witnesses?
• A witness must answer questions, although his
answer may tend to establish a claim against him.
However, it is the right of a witness:
1. To be protected from irrelevant, improper, or
insulting questions, and from harsh or insulting
demeanor;
2. Not to be detained longer than the interests of
justice require;
3. Not to be examined except only as to matters
pertinent to the issue;
4. Not to give an answer which will tend to subject
him to a penalty for an offense unless otherwise
provided by law; or
5. Not to give an answer which will tend to degrade
his reputation, unless it to be 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. (Sec. 3,
Rule 132, RoC)
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.
What is the purpose of Rule 12.08?
• The underlying reason for the impropriety of a
lawyer acting in such dual capacity lies in the
difference between the function of a witness and that
of an advocate. The function of a witness is to tell the
facts as he recalls them in answer to questions. The
function of an advocate is that of a partisan. It is
difficult to distinguish between the zeal of an advocate
and the fairness and
impartiality of a disinterested witness. The lawyer will
find it hard to disassociate his relation to his client as
an attorney and his relation to the party as a witness
When is a lawyer allowed to testify in behalf of his
client?
1. on formal matters, such as the mailing,
authentication or custody of an instrument, and the
like; or
2. 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.
Avoiding Impropriety that tends to
Influence the Court
• 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.
• The judiciary, as the branch of government tasked
to administer justice, to settle justiciable controversies
or disputes involving enforceable and demandable
rights, and to afford redress of wrongs for the
violation of said rights must be allowed to decide cases
independently, free of outside influence or pressure.
Rule 13.01 - A lawyer shall not extend extraordinary
attention or hospitality to, nor seek opportunity for
cultivating familiarity with Judges.
What is the purpose of this rule?
• The purpose is to avoid the appearance of
impropriety.
Avoiding Impropriety that tends to Influence the
Court.
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.
What is the purpose of this rule?
• Newspaper publications regarding a pending or
anticipated litigation may interfere with a fair trial,
prejudice the administration of justice, or subject a
respondent or an accused to a trial by publicity and
create a public inference of guilt against him.
What is the sub judice rule?
• In essence, the sub judice rule restricts comments
and disclosures pertaining to pending judicial
proceedings. The restriction applies to litigants and
witnesses, the public in general, and most especially to
members of the Bar and the Bench.
Do we have a sub judice rule?
• There is no express sub judice rule in the Philippines,
but note:
1. Sec. 3: Indirect contempt to be punished after
charge and hearing- a person guilty of any of the
following acts may be punished for indirect contempt:
2. Any abuse of or any unlawful interference with the
processes or proceedings of a court not constituting
direct contempt under section 1 of this Rule;
3. Any improper conduct tending, directly or
indirectly, to impede, obstruct, or degrade the
administration of justice; Avoiding Impropriety that
tends to Influence
the Court
NOTE: For a comment to be considered as contempt
of court "it must really appear" that such does
impede, interfere with and embarrass the
administration of justice. What is, thus, sought to be
protected is the all important duty of the court to
administer justice in the decision of a pending case.
The specific rationale for the sub Judice
rule is that courts, 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.
Examples of violations of the sub judice rule:
• "Kung manalo ang quo warranto, mapupunta tayo
sa diktaturya," she said "Talagang wawasakin
completely ng quo warranto na ito ang judiciary."
• "Pag itong quo warranto natuloy, hindi na right and
reason, kundi will - will nanu'ng whoever is on top. So
kailangan natin pigilan ito . . . "
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.
What is the purpose of this rule?
• The purpose is to protect the judiciary from
influence from the other branches of the government.
This is based on the principle of separation of powers.
Nature and Creation of
Attorney-Client Relationship
Nature of Relation
What is the nature of the attorney-client relationship?
• Historically, the nature of the lawyer-client
relationship is premised on the Roman Law concepts
of a contract of lease of services and a contract of
agency.
• Today, a lawyer is more than an agent of the client.
The lawyer possesses special powers of trust and
confidence reposed on him by his client. He is also as
independent as a judge, with powers entirely different
from and superior to those of an ordinary agent.
What is the nature of the attorney-client relationship?
• The attorney-client relationship is strictly personal,
highly confidential and fiduciary. There is no other
human relation which involves so delicate, exacting
and confidential a nature and character as that of
attorney and client, which necessity and public
interest so require. (Regala v. Sandiganbayan)
What is the effect of the “strictly personal” nature of
the attorney-client relationship?
• The lawyer cannot delegate the client to another
lawyer without the client’s consent.
• The relationship terminates upon the death of either
the client or the lawyer.
• The client can terminate the relation at any time
for any or no reason. The lawyer on the other hand
cannot do so and he may only withdraw under
certain circumstances. (See Canon 22)
NOTE: A lawyer should not adopt as his own the
problems of his client.
What is the effect of the “highly confidential and
fiduciary” nature of the attorney-client relationship?
• It demands of an attorney an undivided allegiance, a
conspicuous and high degree of good faith,
disinterestedness, candor, fairness, loyalty, fidelity,
and absolute integrity in all his dealings and
transactions with his clients and an utter renunciation
of every personal advantage conflicting in any way,
directly or indirectly, with the interest of his client.
• To protect the confidential nature of the relation,
Canon 21 prohibits disclosure of the clients secrets by
the lawyer.
NOTE: The duty of the lawyer to the society, the legal
profession, and the court will be above his duty to the
client.
Is retainer necessary before a lawyer can provide
services?
• Yes. A lawyer has no power to act as counsel for a
person without being retained nor may he appear in
court for a party without being employed unless by
leave of court.

Retainer or Employment
Is a retainer required to be in writing?
What is a retainer?
• No. There is no requirement under the law or the
• It may refer to the act of the client by which he
rules. The absence of a written contract does not
engages the services of an attorney to render legal
automatically mean that there is no attorney-client
advice, or to defend or prosecute his cause in court.
relationship.
This initiates the attorney-client relationship. It can
be a general retainer or a special retainer.
Is payment of fees necessary in a retainership
agreement?
• A general retainer is to secure the services of a
• No. Absence of fees does not automatically mean
lawyer for any future legal problem.
that there is no attorney-client relationship.
• A special retainer is for a particular case or service.
• It may also refer to the fee which a client pays to an
Is the lawyer required to represent a client in court
attorney when the latter is retained, known as the
before a retainer is established?
retaining fee.
• No. Even if the lawyer will not represent the client
in court, there can be an attorney-client relationship.
If a person consults a lawyer and the lawyer permits
the consultation, the professional relationship is
established.
What happens if the client retains a law firm?
• If a client retains a law firm, it is equivalent to
retaining all the members of such firm even if the
client only transacted with only one lawyer.
• This means that there is no violation on the personal
nature of the relationship if the client is represented
by a different lawyer from the same firm.
Ethical Norms and Restrictions
What are the ethical norms and restrictions applicable
to an attorney-client relationship?
• A lawyer must ascertain conflicting interests before
accepting employment.
• A lawyer should not accept employment if such
acceptance will lead to a
violation of any rules of the legal profession.
• A lawyer shall preserve the secrets of a prospective
client.
Why are lawyers required to ascertain possible
conflicts of interest before accepting engagement from
a client?
• This is to protect the lawyer from suspicion from the
client in case the client does not receive a favorable
judgment in a case handled by the lawyer.
Why are lawyers not allowed to accept employment if
it will lead to a violation of any rules of the legal
profession?
• Obviously, it will be unethical on the part of the
lawyer to violate the Canons in the Code of
professional responsibility. Moreover, even if the
lawyer is required to make his legal services available
to the public, it is still governed by the Canons, and
the lawyer’s duty to the society, the legal profession, pleading and that it is not interposed for delay, and
and the courts are above his duty to the client. the willful violation of this rule shall subject the lawyer
to disciplinary action. Moreover, a lawyer is duty
Why are lawyers required to preserve the secrets of a bound to counsel or maintain such actions or
prospective client? proceedings only as appear to him to be just, and
• This is to allow a prospective client to disclose all such defenses only as he believes to be honestly
relevant facts relating to his concern without fear debatable under the law (Sec. 20, Rule 138-A).
that what he tells the lawyer will be disclosed or be
used against him.
Lawyer May Not Refuse His Services
CANON 14 - A LAWYER SHALL NOT REFUSE HIS
Can a lawyer accept a case that is in his or her
SERVICES TO THE NEEDY.
opinion a bad case?
• Rule 14.01
• In criminal cases, accepting a client that the lawyer
A lawyer shall not decline to represent a person solely
thinks is guilty is not unethical. The accused is entitled
on account of the latter's race, sex, creed or status of
to be presumed innocent, and his guilt must be
life, or because of his own opinion regarding the guilt
proved beyond reasonable doubt in accordance with
of said person.
the rules of procedure. Even if the lawyer thinks his or
• Rule 14.02
her client is guilty, that client is still entitled to due
A lawyer shall not decline, except for serious and
process.
sufficient cause, an appointment as counsel de officio
• In civil cases, the lawyer is not allowed to take a
or as amicus curiae, or a request from the Integrated
“bad case.” If a lawyer signs a pleading in a civil case,
he certifies that there is a good cause to support the
Bar of the Philippines or any of its chapters for
rendition of free legal aid.
• Rule 14.03
A lawyer may not refuse to accept representation of
an indigent client unless:
(a) he is 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.
Can a lawyer reject a client?
• Yes. A lawyer is not obliged to act as legal counsel
for any person who may wish to become his client. He
has the right to decline employment.
Examples of some causes for rejection:
1. A violation of any of the rules of the legal
profession.
2. Advocacy in any matter which he had intervened
while in government service.
3. Nullification of a contract which he prepared.
4. Employment which might easily be used as a means
of advertising his professional services or skills.
What are the reasons a lawyer cannot use to decline a
client?
• A lawyer shall not decline to represent a person
solely on account of the latter's race, sex, creed or
status of life, or because of his own opinion regarding
the guilt of said person. (Rule 14.01)
• A lawyer shall not decline, except for serious and
sufficient cause, an appointment as counsel de officio
or as amicus curiae, or a request from the Integrated
Bar of the Philippines or any of its chapters for
rendition of free legal aid. (Rule 14.02)
A lawyer may not refuse to accept representation of
an indigent client unless:
1. he is not in a position to carry out the work
effectively or competently;
2. he labors under a conflict of interest between him
and the prospective client or between a present client
and the prospective client. (Rule 14.03)

How should a lawyer handle the case of his non-

paying clients?
• 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. (Rule 14.04)