UCGN Legal Ethics 2022

University of the Cordilleras
College of Law
Legal Ethics
#agbiagtiUClaw
Green Notes 2022 Legal Ethics
LEGAL ETHICS
Atty. Rev. Pascual Agusto Carlo Teodoro

Faculty Adviser
Committee Members:
Runniel Ivan De Castro
Trisha Esperanza
Krivel Atuban
Raponsel Doclan
Ara Agadan
Irish Cayabas
University of the Cordilleras

College of Law | 2022
and for enjoying the privilege to practice

law. Any breach by a lawyer of any of
PRACTICE OF LAW these conditions makes him unworthy of
the trust and confidence which the courts
and clients repose in him for the continued
exercise of his professional privilege.
Q: What constitutes practice of law? (Petition for Leave to Resume Practice of Law,
Benjamin M. Dacanay; BM No. 1678;
A: Practice of law means any activity, in or out December 17, 2007)
of court, which requires the application of
law, legal procedure, knowledge, training Q: How would you characterize practice of
and experience. To engage in the practice law?
of law is to perform those acts which are
characteristics of the profession. Generally, A: The practice of law is a profession and not
to practice law is to give notice or render a business. Lawyering is not primarily
any kind of service, which device or service meant to be a money-making venture, and
requires the use in any degree of legal law advocacy is not a capital that
knowledge or skill. (Cayetano v. Monsod; GR necessarily yields profits. The gaining of a
No. 100113; September 3, 1991) livelihood is not a professional but a
secondary consideration. Duty to public
Q: Is the practice of law a right or a service and to the administration of justice
privilege? should be the primary consideration of
lawyers, who must subordinate their
A: The practice of law is a privilege burdened personal interests or what they owe to
with conditions. It is so delicately affected themselves. The practice of law is a noble
with public interest that it is both a power calling in which emolument is a byproduct,
and a duty of the State (through the and the highest eminence may be attained
Supreme Court) to control and regulate it without making much money. (Burbe v.
in order to protect and promote the public Atty. Magulta; AC No. 5713; June 10, 2002)
welfare.
Q: Who may practice law in the Philippines?
Adherence to rigid standards of mental
fitness, maintenance of the highest degree A: Any person duly admitted as a member of
of morality, faithful observance of the rules the bar, or admitted as such in accordance
of the legal profession, compliance with the with the provisions of Rule 138 of the Rules
mandatory continuing legal education of Court, and who is in good and regular
requirement and payment of membership standing, is entitled to practice law. (Sec. 1,
fees to the Integrated Bar of the Philippines Rule 138 RoC)
(IBP) are the conditions required for
membership in good standing in the bar Q: What requirements must be met for a
University of the Cordilleras Page 1 of 37

person to be admitted to the Bar?

A: Membership in good standing means
A: The following: continued membership and, concomitantly:
1. Citizen of the Philippines; 1. Payment of annual membership dues in

2. At least 21 years of age; the IBP;
3. Of good moral character; 2. Payment of the annual professional tax;
4. A resident of the Philippines; 3. Compliance with the mandatory
5. Must produce to the Supreme Court continuing legal education requirement;
satisfactory evidence of good moral and
character, and that no charges against him, 4. Faithful observance of the rules and
involving moral turpitude, have been filed ethics of the legal profession and being
or are pending in any court in the continually subject to judicial disciplinary
Philippines (Sec. 2, Rule 138 RoC); and control. (Petition for Leave to Resume Practice
6. Pass the Bar Examinations, take the of Law, Benjamin M. Dacanay; BM No. 1678;
Lawyer’s Oath, and sign the Roll of December 17, 2007)
Attorneys. (Aguirre v. Rana; BM No. 1036;
June 10,2003) Q: In what instances may a non-lawyer
conduct litigation?
Q: May a Filipino citizen who graduated
from a foreign law school be admitted to A: In the following instances:
the bar examination?
1. In the Court of a Justice of the Peace, a
A: Yes. Only upon submission to the Supreme party may conduct his litigation in person,
Court of certifications showing: with the aid of an agent or a friend (Sec. 34,
Rule 138 RoC);
(a) completion of all courses leading to the 2. In criminal proceedings in localities
degree of Bachelor of Laws or its where members of the Bar in good
equivalent degree; standing are not available, the court may
(b) recognition or accreditation of the law appoint any person, resident of the
school by the proper authority; and province and of good repute for probity
(c) completion of all the fourth year and ability, to defend the accused (Sec. 7,
subjects in the Bachelor of Laws academic Rule 116 RoC);
program in a law school duly recognized 3. In Labor cases before the NLRC or the
by the Philippine Government. (Re: Letter of Labor Arbiter if he represents himself or
Atty. Mendoza; BM No. 1153) his organization or the members thereof
(Sec. 222 PD 442, as amended);
Q: Discuss “membership in good standing” 4. In cadastral proceedings (Sec. 9 Act No.
as a continuing requirement for practice 2259).
of law.

Q: In what proceedings are lawyers 7. Government prosecutors (Lim-Santiago v.

prohibited from making an appearance? Sagucio; AC No. 6705; March 31, 2006)
A: The following: Q: Who are the public officers who are

partially prohibited from engaging in the
1. In all katarungang pambarangay practice of law?
proceedings (Sec. 415 RA 7160);
2. In small claims cases (Sec. 18, Rule IV AM A: The following -
No. 08-8-7-SC).
1. Senators or Members of the House of
Q: What punishment may be imposed upon representatives cannot personally appear
a person who, without authority, engages as counsel before any court of justice or
in the practice of law? before the Electoral Tribunals, or quasi-
judicial and other administrative bodies
A: Under Section 3 (e) of Rule 71 of the Rules (Sec. 14, Art. VI Constitution)
of Court, a person who undertakes the
unauthorized practice of law is liable for 2. Sanggunian members may practice their
indirect contempt of court for assuming to professions, engage in any occupation, or
be an attorney and acting as such without teach in schools except during session
authority. hours: Provided, That sanggunian
members who are also members of the Bar
Q: Who are the public officials absolutely shall not:
prohibited from engaging in the practice
of law? (1) Appear as counsel before any
court in any civil case wherein a
A: The following - local government unit or any office,
agency, or instrumentality of the
1. Judges and other officials or employees government is the adverse party;
of superior courts (Sec 35, Rule 138 RoC) (2) Appear as counsel in any
2. Officials and employees of the Office of criminal case wherein an officer or
the Solicitor General (Ibid.) employee of the national or local
3. President, Vice-President, the Members government is accused of an
of the Cabinet, theis deputies and assistants offense committed in relation to his
(Sec. 13, Art. VII Constitution) office.
4. Members of the Constitutional (3) Collect any fee for their
Commissions (Sec. 2, Art. IX Constitution) appearance in administrative
5. Ombudsmand and his deputies (Sec. 8, proceedings involving the local
Art. XI Constitution) government unit of which he is an
6. Governors, city and municipal mayors official; and
(Sec. 90 RA 7160) (4) Use property and personnel of

the government except when the

sanggunian member concerned is A: To be "dishonest" means having the
defending the interest of the disposition to lie, cheat, deceive, defraud or
government. (Sec. 90 RA 7160) betray; be untrustworthy; lacking in
integrity, honesty, probity, integrity in
3. No retiring Justice during the time that principle, fairness and straightforwardness.
he is receiving said pension shall appear as
counsel before any court in any civil case On the other hand, conduct that is
wherein the Government or any "deceitful" means having the proclivity for
subdivision or instrumentality thereof is fraudulent and deceptive
the adverse party, or in any criminal case misrepresentation, artifice or device that is
wherein and officer or employee of the used upon another who is ignorant of the
Government is accused of an offense true facts, to the prejudice and damage of
committed in relation to his office, or the party imposed upon. In order to be
collect any fee for his appearance in any deceitful, the person must either have
administrative proceedings to maintain an knowledge of the falsity or acted in reckless
interest adverse to the Government, and conscious ignorance thereof, especially
insular, provincial or municipal, or to any if the parties are not on equal terms, and
of its legally constituted officers. (Sec. 1 RA was done with the intent that the aggrieved
910) party act thereon, and the latter indeed
acted in reliance of the false statement or
deed in the manner contemplated to his
injury. (Bihag v. Atty. Era; AC No. 12880;
November 23, 2021)
THE LAWYER AND SOCIETY Q: What is the doctrine of non-dichotomy of

personality?
A: That a lawyer is not allowed to divide his

personality as an attorney at one time and a
Q: Canon 1 of the CPR states that a lawyer mere citizen at another. (Velasco v. Atty.
shall uphold the Constitution, obey the Causing; AC No. 12883; March 2, 2021)
laws of the land and promote respect for
law and legal processes. This duty, in Q: Enrique filed a complaint against
tum, demands that a lawyer shall not Anthony who was then a bar applicant for
engage in unlawful, dishonest, immoral the 2013 Bar Examination for being a
or deceitful conduct. person of questionable moral character
given the criminal charges he was facing.
What is the difference between The court allowed Anthony to take the
“dishonest” and “deceitful” conduct? 2013 Bar Examinations subject to the

condition that, should he pass, he shall generated negative reactions and

not be allowed to take the Lawyer’s Oath comments against Velasco. Atty. Causing
and sign the Roll of Attorney until he is averred that as a ''journalist-blogger," he
cleared of the charges filed against him. merely exercised his constitutional right
Anthony then passed the Bar to press freedom when he published the
Examination. post in Facebook. He further asserted that
being a lawyer did not make his right to
A year after passing the 2013 Bar press freedom an inch less, so he should
Examination, Anthony filed a petition to not be denied of his constitutional right to
take the Lawyer's Oath in view of the express his ideas.
dismissal of the criminal cases against
him. Attached to his petition are several Is Atty. Causing's defense tenable?
certifications of good moral character.
Should Anthony's petition be granted? A: No. A lawyer is not allowed to divide his
personality as an attorney at one time and a
A: Yes. The dismissal of all the criminal mere citizen at another. Regardless of
charges against Anthony, coupled with the whether a lawyer is representing his client
various certifications of good moral in court, acting as a supposed
character in his favor, is sufficient for the spokesperson outside of it, or is merely
court to conclude that he possesses the practicing his right to press freedom as a
moral qualifications required of lawyers. "journalist-blogger," his duties to the
society and his ethical obligations as a
Though it is true that the practice of law is member of the bar remain unchanged.
not a right but a privilege, the court will (Velasco v. Atty. Causing; AC No. 12883;
not unjustifiably withhold this privilege March 2, 2021)
from Anthony, who has clearly shown that
he is both intellectually and morally Q: Atty. Osorio is charged with violation of
qualified to join the legal profession. the Code of Professional Responsibility,
(Zuzuarregui v. Zuzurregui; BM No. 2796; Lawyer’s Oath, and the 2004 Rules on
February 11, 2020) Notarial Practice, for notarizing
documents even in the absence of the
Q: Atty. Causing sent a direct message at parties Librada A. Ladrera and her
Facebook to Velasco's son stating, daughter Ladreda Kumar despite lack of
"pakitignan mo ang iyong ama, iho at competent proofs of their identity on the
huwag mo syang gayahin ha." The basis of personal knowledge, and his
message was accompanied by a link to a failure to make proper entries in the
post published by Atty. Causing on notarial register concerning his notarial
Facebook with the caption "Wise acts.
Polygamous Husband?" The post was also
"shared" by many other persons and (a) How would you describe the nature of

notarization?
(b) Is Atty. Osorio is guilty of the charges Q: Everdina engaged the services of Atty.
filed against him? Wilfredo for the filing of a petition for the
nullity of the former's marriage with her
A: (a) Notarization is not an empty, husband. Everdina repeatedly followed
meaningless routinary act but one invested up with Atty. Wilfredo on the status of
with substantive interest. The Notarization her case. Atty. Wilfredo showed her a
by a notary public converts a private copy of the petition with a stamp of the
document into a public document, making court. Everdina then went to RTC to
it admissible in evidence without further inquire. There, she discovered that there
proof of its authenticity. A notarized was no pending petition for the nullity of
document is, by law, entitled to full faith her marriage. Did Atty. Wilfredo violate
and credit upon its face. It is for this reason the Code of Professional Responsibility?
that a notary public must observe with
utmost care the basic requirement in the A: Yes. In this case, Atty. Wilfredo deceived
performance of his duties; otherwise, the Everdina by showing a copy of the petition
public confidence in the integrity of a with a stamp of the court in order to make
notarized document would be her believe that it was already filed when
undermined. (Yuchengco v. Atty Angare; AC in truth, there was no such case filed by
No. 11892; June 22, 2020) him. Atty. Wilfredo's deceitful conduct
violates Rule 1.01 of the Code of
(a) Yes. Atty. Osorio failed to require the Professional Responsibility, which
complainants to present competent provides, "A lawyer shall not engage in
evidence of identity and make proper unlawful, dishonest, immoral, or deceitful
entries in his notarial register. It is a basic conduct." (Angeles v. Atty. Wilfredo Lina-ac;
requirement in notarizing a document that AC No. 12063; January 8, 2019)
the principal must be present before the
notary public to personally attest to its Q: Caballero was awarded by the GSIS with
voluntariness and due execution. This a low cost-cost housing unit. Due to
warrants the revocation of his notarial financial difficulties, Caballero chose to
commission and thereby disqualified as a transfer said right to Atty. Sampana with
notary public for two (2) years. Further, for the condition that Atty. Sampana would
his indiscretion in the performance of his assume the obligation of paying the
sacred duties as notary public, and remaining amortizations. Thus, they
violation of Canon 1, Rule 1.01 of the Code entered into a deed of transfer of rights.
of Professional Responsibility and the
Lawyer’s Oath, atty. Osorio is suspended Atty. Sampana had been profiting from
from practice of all for six (6) months. the property of Caballero by leasing and
(Ladrera v Osorio; AC No. 10315; January 22, collecting the fruits.
2020)

A few years later, Caballero received a Atty. Hizon. Atty. Suplico and Atty. Raval
letter from the GSIS informing him that alleged that as agreed upon on the
his loan increased, with arrearages retainer's agreement with Aerocom,
amounting to more than P400,000. Did Aerocom's lawyers are entitled to 40% of
Atty. Sampana violate the Code of the amount recovered by Aerocom as
Professional Responsibility? attorney's fees, and they were not given
their respective shares.
A: Yes. Aty. Sampana violated Rule 1.01 of the
Code of Professional Responsibility which Can Atty. Lokin and Atty. Hizon be
states that “lawyer shall not engage in disbarred for failure to remit Atty.
unlawful, dishonest, immoral or deceitful Suplico and Atty. Raval's alleged shares
conduct.” Based on the given facts, Atty. in their attorney's fees?
Sampana committed gross misconduct for
his willful and obstinate refusal to fulfill A: No. The Waiver and Quitclaim of Atty.
the obligations which he voluntarily Suplico which he voluntarily executed, and
assumed when he entered into the Deed of never refuted. This effectively discharged
Transfer of Right with complainant. the Raval, Suplico and Lokin, Lawyers
(Caballero v. Atty. Sampana; AC No. 10699; from any action or obligation arising from
Octobe 6, 2020) Atty. Suplico as a partner. It included the
legal fees from the Aerocom case. Atty.
Q: In a civil case, Aerocom engaged the Thus, he voluntarily released and forever
services of Raval Lokin, Lawyers and discharged the law partnership from any
Atty. Hizon where they recovered action or obligation arising from his being a
P362,078,428.74 from the PCGG. partner. Similarly, Atty. Raval withdrew
from the partnership and even waived his
Atty. Suplico and Atty. Raval were former rights over his share in the attorney's fees
partners of Raval Suplico and Lokin, from the Aerocom case in exchange for the
Lawyers. On July 8, 2000, Atty. Suplico Amberland office. As seasoned members of
executed a quitclaim effective as early as the legal profession, it is but safe to assume
January 15,1995, and this caused the that they voluntarily executed their
dissolution of Raval Suplico and Lokin, quitclaims and waived their rights to the
Lawyers. Likewise, Atty. Raval withdrew law partnership with full knowledge of its
from the partnership in May 1999 and repercussions. (Atty. Suplico v. Atty. Lokin;
even waived his rights over his share in AC No. 9152; July 1, 2020)
the attorney's fees from the Aerocom case
in exchange for the Amberland office Q: Atty. Carlos Sagucio was the former
which facts remained unrebutted. counsel of Taggat Industries until his
appointment as assistant prosecutor in
Atty. Suplico and Atty. Raval filed a 1992. In 1997, Taggat employees filed a
disbarment case against Atty. Lokin and criminal complaint against president

Ruthie Lim-Santiago. Sagucio was service in the discharge of their official

assigned to conduct the preliminary duties."
investigation and recommended the filing
of 651 Informations for violation of the The law does not distinguish between
Labor Code. consultancy services and retainer
agreement; these both fall under the
Lim-Santiago filed a complaint against practice of law. Sagucio rendered his legal
Sagucio, claiming that he had received services to Taggat while working as a
compensation for retainer’s fees in 1995 government prosecutor. Even the receipts
and therefore violating the prohibition he signed stated that the payments by
against private practice of law while Taggat were for "Retainer’s fee." (Lim-
working as government prosecutor. Santiago v. Sagucio; AC No. 6705; March 31,
Sagucio argued that these were fees paid 2006)
for consultancy services and not for
representation, submitting that Q: Atty. Felina Dasig, OIC of Legal Affairs
consultation is not the same as Service of CHED, was charged for gross
representation and that rendering misconduct in violation of the Lawyer’s
consultancy services is not prohibited. Oath. Dasig had, among other
questionable acts, attempted to extort
Did Sagucio engage in unlawful conduct sums of money between P5,000.00 to
when he rendered consultancy services P20,000.00 from four people who had
while in government service? applied for correction of name before her
office.
A: Yes. Sagucio engaged in unlawful conduct
when he violated Section 7(b)(2) of RA 6713 At the time of filing of the complaint,
prohibiting a government employee to Dasig’s position in CHED was "Chief
"engage in the private practice of [his] Education Program Specialist, Standards
profession unless authorized by the Development Division, Office of
Constitution or law, provided, that such Programs and Standards.”
practice will not conflict or tend to conflict
with [his] official functions." Although May Dasig be disciplined by the IBP for
violations of RA 6713 are not subject to misconduct in the discharge of her duties
disciplinary action and the IBP has no as a government official?
jurisdiction to investigate violations of this
law, the violation transgresses under the A: Yes. Generally, a lawyer who holds a
unlawful conduct prohibited by Rule 1.01, government office may not be disciplined
Canon 1 of the Code of Professional as a member of the Bar for misconduct in
Responsibility, and furthermore under the discharge of his duties as a government
Canon 6 which provides that the Code official. However, if said misconduct as a
"shall apply to lawyers in government government official also constitutes a

violation of his oath as a lawyer, then he Novaliches Proper also receiving a

may be disciplined as a member of the Bar. monthly allowance while appearing as
In this case, the Court found that Dasig’s counsel in private cases.
unethical and illegal misconduct affected
her qualification as an attorney. Is Atty. Fajardo guilty of the charges
against him?
The Code of Professional Responsibility
was meant to govern the conduct of all A: Yes. Atty. Fajardo’s acceptance of
lawyers including those in government appointment as Board Member of the PLEB
service, as clarified in from Canon 6. of Quezon City while he was still
Lawyers should be more sensitive in the employed as Legal Officer V of Manila
performance of their professional Urban Settlement Office is violative of Sec.
obligations, as their conduct is subject to 12, Rule XVIII of the Revised Civil Service
the scrutiny of the public. Dasig’s actions Rules as well as Sec. 7, Article IX-B of the
also violate Rule 6.02, which bars lawyers Constitution prohibiting government
in government service from promoting officials and employees, whether elected or
their private interests. Promotion of private appointed, from concurrently holding any
interests includes soliciting gifts or other office or position in the government
anything of monetary value in any Practice of law contemplates a succession
transaction requiring the approval of his of acts of the same nature habitually or
office or which may be affected by the customarily holding one’s self to the public
functions of his office. The Court found as a lawyer. This in turn contravene his
Dasig liable for gross misconduct and Attorney’s Oath and Code of Professional
dishonesty in violation of the Lawyer’s Responsibility Canon 1 of the Code of
Oath and the Code of Professional Professional Responsibility. (Lorenzana v.
Responsibility. (Vitriolo v. Dasig; A.C. No. Fajardo; AC No. 5712; June 29, 2005)
4984; April 1, 2003)
Q: Mayor Jr. is a Labor Arbiter at the NLRC.
Q: Francisco Lorenzana filed a disbarment He inhibited himself from resolving the
case against Atty. Cesar G. Fajardo for illegal dismissal case before him at the
violation of the Civil Service Law and the time there are barely four (4) months left
Code of Professional Responsibility. As with the Employment Contract of the
alleged, while Atty. Fajardo was dismissed employee of International
employed as Legal Officer V of the Urban School Manila. There appeared an
Settlement Office in Manila receiving orchestrated effort to delay the resolution
monthly honoraria, he was also a member of the reconsideration of an Order to keep
of the People’s Law Enforcement Board status quo ante until expiration of the
(PLEB) of Quezon City also receiving employee’s Employment Contract with
honoraria. Furthermore, he was a member International School Manila, thereby
of the Lupong Tagapamayapa of Barangay rendering the illegal dismissal case moot

and academic. him and his companies. He also narrated

that Go would arranged meetings at
Can Labor Arbiter Mayor Jr. be held expensive restaurants to perpetrate the
liable for violating the CPR? allegations.
A: Yes. Atty. Mayor Jr. is guilty of gross Atty. Paras contends that the present case
ignorance of the law in violation of his was only filed as leverage to the criminal
lawyer’s oath and of the Code of case he filed against Chan. On the
Professional Responsibility. meetings enumerated, he was not present
to all the meeting and that he only
The Code of Professional Responsibility attended a few as social dinner rather
does not cease to apply to a lawyer simply than a mediation for settlement. He also
because he has joined the government claimed that complainants charge of
service. In fact, by the express provision of violation of Rule 6.02, Canon 6 of the
Canon 6 thereof, the rules governing the Code of Professional Responsibility is
conduct of lawyers "shall apply to lawyers misplaced as he was not a lawyer in the
in government service in the discharge of government service at the time material to
their official tasks." Thus, where a lawyer’s the acts complained of.
misconduct as a government official is of
such nature as to affect his qualification as Is the contention of Atty. Paras correct?
a lawyer or to show moral delinquency,
then he may be disciplined as a member of A: Yes. The charge of violation of Rule 6.02,
the bar on such grounds. (Lahm III v. Mayor, Canon 6 of the Code of Professional
Jr.; AC No. 7430; February 15, 2012) Responsibility is misplaced because he was
not a government lawyer at the time
Q: Gregory Chan filed a complaint against material to the acts complained of. (Chan v.
Commissioner Romeo Go of the NLRC Go; AC No. 7547; September 4, 2009)
and Atty. Jose Raulito Paras for
perpetrating acts unbecoming and Q: Sometime in 1989, Encarnacion Pascual
degrading to the legal profession in was sued for non-remittance of SSS
violation of the Code of Professional premiums which complaint was assigned
Responsibility, Canons of Professional to Prosecutor Ibañez for preliminary
Ethics, and Rules of Court. Petitioner investigation. In the course of the
alleged that respondents are influence investigation, Encarnacion gave the
peddlers who pride themselves of being amount of P1,804.00 to respondent as
able to direct the outcome of cases payment of her SSS contribution in
pending the NLRC. Petitioner complaint arrears. Respondent did not pay the SSS,
that respondents tried to extort money hence on Nov. 16, 1990, a complaint was
from him in behalf of Susan Que Tiu who filed against the respondent for
has filed an illegal dismissal case against professional misconduct in allegedly

misappropriating the amount. On 23 the trust and confidence reposed upon him
November 1990, the respondent paid SSS and his lack of personal honesty and good
the amount of P1,804.00 on behalf of moral character rendering him unworthy
Encarnacion. of public confidence. (Andaya v. Atty.
Tumanda; AC No. 12209; February 18, 2020)
Is respondent in violation of the CPR?
Q: Atty. Romeo filed multiple civil, criminal,
A: Yes. As stated by the IBP Committee that and administrative cases against his
drafted the Code, "a lawyer does not shed client’s opponents, as well as against the
his professional obligations upon assuming opposing counsel, for the purpose of
public office. In fact, his public office harassing them. What Canons and Rules
should make him more sensitive to his does this tactic violate?
professional obligations because a lawyer's
disreputable conduct is more likely to be A: The following:
magnified in the public's eye. Want of
moral integrity is to be more severely 1. CANON 8 - A lawyer shall conduct
condemned in a lawyer who holds a himself with courtesy, fairness and candor
responsible public office. (Penticostes v. towards his professional colleagues, and
Ibanez; AC No. 167; March 9, 1999) shall avoid harassing tactics against his
opposing counsel.
2. Rule 10.03 - A lawyer shall observe the
rules of procedure and shall not misuse
them to defeat the ends of justice.
THE LAWYER AND THE LEGAL 3. Rule 12.02 - A lawyer shall not file
PROFESSION multiple actions arising from the same
cause.
4. Rule 12.04 - A lawyer shall not unduly
delay a case, impede the execution of a
Q: Atty. Tumanda borrowed P500,000 from judgment or misuse a Court process.
Andaya. Accordingly, he issued a post- (Pagdanganan v. Atty. Plata; AC No. 12701;
dated check in exchange for the said February 26, 2020)
amount. When Andaya deposited the
check, the same was dishonored for the Q: Atty. Rosita filed a complaint with the
reason that the account was closed. Is the Ombudsman against Mayor Salino,
mere issuance of a worthless check a alleging that a resolution for construction
ground for disciplinary action? of a health center that encroached upon
her property violated her property rights.
A: Yes. This fact alone is a ground for She also alleged that Mayor Salino had
disciplinary action as it constitutes gross pocketed and misappropriated public
misconduct. It indicates his unfitness for funds. The Ombudsman dismissed this

complaint, ruling that she failed to construed as a mere request, nor should it
substantiate her allegations and be complied with partially, inadequately,
furthermore filed an inappropriate action. or selectively. [A lawyer's] refusal to
For initiating a frivolous and meritless comply with the Court's orders not only
Ombudsman case, Mayor Salino filed an betrays a recalcitrant flaw in her character;
administrative case for violation of the it also underscores her disrespect of the
CPR. Court's lawful orders which is only too
deserving of reproof.
Is Atty. Rosita administratively liable for
her actions? Lawyers are called upon to obey court
orders and processes and [their] deference
A: Yes. Atty. Rosita committed an act of is underscored by the fact that willful
professional misconduct and thereby failed disregard thereof will subject the lawyer
to live up to the exacting ethical standards not only to punishment for contempt but to
imposed on members of the bar when she disciplinary sanctions as well. In fact,
instituting a criminal action without due graver responsibility is imposed upon a
and proper investigation of the case and lawyer than any other to uphold the
without due regard of his rights. Atty. integrity of the courts and to show respect
Rosita violated Canon 1 and Rule 1.01, for to their processes. (Caballero v. Atty. Pilapil;
failing to promote respect for law and legal AC No. 7075; January 21, 2020)
processes when she bypassed the proper
processes in filing her case; Canon 10 and Q: Atty. Mahinay, on behalf of his clients,
Rule 10.01 for perpetuating a serious filed a motion for reconsideration, where
falsehood against Mayor Salino; and Rule he pertinently alleged in part:
10.03 for again failing to follow the proper
procedures. (Diaz v. Atty. Mandagan; AC "THE SUBJECT ORDER OF THIS
No. 12669; June 28, 2021) HONORABLE COURT IF NOT
RECONSIDERED WOULD VIOLATE
CANON 3 OF THE CODE OF JUDICIAL
CONDUCT[,] MORE PARTICULARLY
RULE 3.01 AND RULE 3.02."
THE LAWYER AND THE COURTS
Zamora filed a Complaint for disbarment
against Atty. Mahinay before the IBP for
violation of Canon 11, Rule 11.03 of the
Q: Is a lawyer's refusal to obey a court Code of Professional Responsibility,
resolution violative of said lawyer's duty alleging that in the above motion for
towards the courts? reconsideration, Atty. Mahinay
threatened the judge with an
A: Yes. A Court's Resolution is not to be administrative complaint if he would not

grant the motion. Will the complaint disputed land. An Entry of Judgment was
prosper? issued in 2005; however, it took seven
years for the MCTC to issue a writ of
A: No. While Zamora is correct that the very demolition in 2012 due to dilatory
pleading itself is the best piece of evidence motions filed by Cordova's lawyers from
to prove whether Atty. Mahinay had, 2006 to 2008.
indeed, violated Canon 11, Rule 11.03 of
the CPR, this proffered evidence failed to Furthermore, despite the issuance of the
reach the threshold of the quantum of writ of demolition by the MCTC, it was
proof required. The language used in the again not immediately executed because
subject motion for reconsideration is not of several motions filed by Cordova's
offensive, abusive, malicious, or lawyers from 2013 to 2014 just for the
intemperate in any way. It did not spill purpose of quashing the writ or stalling
over the walls of decency or propriety. its implementation.
The pertinent portions of the subject Did Cordova's six (6) lawyers commit acts
motion for reconsideration merely in violation of their Oath and the Code of
enumerated the facts, which in the opinion Professional Responsibility?
of Atty. Mahinay and his clients, the trial
court was duty bound to consider. (Zamora A: Yes. Rule 12.04 of the CPR provides: A
v. Atty. Mahinay; AC No. 12622; February 10, lawyer shall not unduly delay a case,
2020) impede the execution of a judgment or
misuse Court processes.
Q: Atty. Marie appeared as private
prosecutor in a criminal case despite her Procedural rules are designed to serve the
suspension from the practice of law. Does ends of justice. The rules ensure that the
her appearance constitute a violation of substantive rights of the parties are
her duty towards the courts? protected; hence, they must not be trifled
with to the prejudice of any person.
A: Yes. Atty. Marie is administratively liable
for willfully disobeying the lawful order of Concomitantly, lawyers, as vanguards of
a superior court and appearing as an the justice system, must uphold the
attorney without authority. (In re: Branch Constitution and promote respect for the
137, RTC v. Atty. Ramon; AC No. 12456; legal processes. As officers of the Court,
September 8, 2020) they must not abuse or misuse Court
processes so as to frustrate and impede the
Q: In a case of forcible entry, the Supreme execution of a judgment. Further, lawyers
Court upheld an MCTC Decision that have the utmost duty to exert every effort
ruled in favor of David and respondent to assist in the speedy and efficient
Cordova was ordered to vacate the administration of justice. (David v. Atty.

Rongcal; AC No. 12103; June 23, 2020) already resolved the issue of ownership
and validity of foreclosure of mortgage of
Q: In a civil case, the heirs of Marquez filed the subject property.
a complaint for annulment of foreclosure
proceedings, certificate of sale, and In engaging in forum shopping, Atty.
transfer certificate of title against Alentajan violated Canon 1 of the CPR
COCOLIFE, the Register of Deeds, and which directs lawyers to obey the laws of
the Ex-Officio Sheriff of Quezon City. the land and promote respect for the law
The RTC Branch 77 dismissed the and legal processes. He also disregarded
complaint, and the CA affirmed the trial his duty to assist in the speedy and efficient
court's decision. A petition for review was administration of justice, and the
then filed with the Supreme Court which prohibition against unduly delaying a case
was likewise denied in a Resolution. The by misusing court processes. (Villanueva v.
said Resolution became final and Atty. Alentajan; AC No. 12161; June 8, 2020)
executory in 2010.
Q: Atty. Carpio was suspended from the
Despite the foregoing, in 2013, the heirs of practice of law because of unjustifiably
Marquez, through the assistance of refusing to release a document his
another lawyer not engaged in the earlier previous client is entitled to. Despite his
civil case filed at Branch 77, Atty. suspension, he continued to maintain a
Alentajan, filed a similar complaint law office and accept cases. Worse, he
before the RTC Branch 90 for disregarded an order from the Court to
reconveyance and annulment of title with return the aforesaid document to his
application for preliminary injunction previous client.
and prayer for TRO against COCOLIFE
and the Register of Deeds with respect to When confronted by the Court on why he
the same property. The said complaint disregarded the Court’s order, Atty.
was also dismissed. Carpio reasoned that his failure to return
the document was because of his advance
Is Atty. Alentajan guilty of forum age and sickly condition. Is Atty. Carpio’s
shopping notwithstanding that he was contention with merit?
not the counsel in the prior civil case?
A: No. It may be noted that Atty. Carpio
A: Yes. Regardless of the fact that Atty. maintains a law office, which is more than
Alentajan did not act as counsel in the Civil capable to effect the delivery of the said
filed before RTC branch 77, it would not document to his previous client, either
exempt him from culpability. He personally or through mail. (Miranda v.
knowingly filed another civil case before Atty. Carpio; AC No. 6281; January 15, 2020)
RTC branch 90 despite the finality of the
judgment in the earlier civil case which Q: Atty. Reyes was accused of engaging in

forum-shopping by filing criminal cases

against the same respondents for (1) estafa A: Ordinary and Extraordinary Attotney’s
through unfaithfulness or abuse of Fee, Consultation Fee, Contingency Fee,
confidence; and (2) falsification. Flat Fee, Hourly Rate, Referral Fee,
Retainer Fee, and Statutory Fee.
(a) What Rules and Canons under the
CPR does a lawyer who engages in forum- Q: May a lawyer in a probate case which was
shopping violate? dismissed, appeal the dismissal to enforce
(b) Is Atty. Reyes guilty of forum- his attorney's fees based on contingency?
shopping? Why?
A: (a) The following: A: No. If the probate of a will is dismissed, the

1. Canon 1 - A lawyer shall uphold the lawyer cannot appeal to enforce his fees.
Constitution, obey the laws of the land and Since the contingency did not occur due to
promote respect for law and legal the dismissal of the petition, the lawyer is
processes not entitled to his attorney's fees.
2. Canon 12 - A lawyer shall exert every
effort and consider it his duty to assist in Q: Is a contract between a lawyer and his
the speedy and efficient administration of client stipulating a contingent fee covered
justice by the prohibition under Article 1491(5) of
3. Rule 12.04 - A lawyer shall not unduly the New Civil Code?
delay a case, impede the execution of a
judgment or misuse Court processes. (Atty. A: No. The payment of said fee was not made
Aguirre v. Atty. Reyes; AC No. 4355; January during the pendency of the litigation but
8, 2020) only after the judgment has been rendered
in the case handled by the lawyer. (Fabillo
(b) No. Estafa and falsification are distinct vs. lAC; GR No. L-68838; March 11, 1991)
crimes. There is no forum shopping when
the element of identity of right or cause of Q: Are initial fees and fees paid in the
action is absent in the two cases involved. progress of litigation part of the
(Ibid.) contingent fees?
A: No, they are independent of the contingent

fees. The fact that a lawyer may have been
paid substantially (in initial fees) while the
THE LAWYER AND THE CLIENT case was dragging is no justification for
denying him the full amount under the
contingent fee contract with a client. (Law
Firm of Raymundo Armovit vs. CA; GR No.
Q: What are the kinds of attorney’s fees? 90983; September 27, 1991).

Q: How may a lawyer enforce his right to A: Yes. Courts may modify attorney's fees
attorney's fees? previously agreed upon by the parties
under a valid contractual stipulation where
A: By filing the necessary petition as an the amount thereof appears to be
incident in the main action in which his unconscionable or unreasonable.
services were rendered when something is
due his client in the action from which the Q: May an executor or administrator recover
fee is to be paid. attorney's fees for his services to the
estate? Why?
A charging lien, to be enforceable as
security for the payment of attorney's fees, A: No. An administrator or executor may be
requires as a condition sine qua non a allowed fees for necessary expenses he has
judgment for money and execution in incurred but he may not recover attorney's
pursuance of such judgment secured in the fees from the estate. Where the
main action by the attorney in favor of his administrator is himself the counsel for the
client. (MBTC v. CA; GR No. 86100-03; heirs, it is the latter who must pay
January 23, 1990) attorney's fees. (Lacson vs. Reyes; GR No.
86250; February 26, 1990)
Q: If a lawyer claims and enforces his claim
for attorney's fees, is he required to pay Q: If the individual heirs in an estate
docket fees? Why? proceeding hired their own lawyers, is the
estate liable for attorney's fees? Why?
A: Yes. This is considered a suit for collection
of sum of money. A motion for attorney's A: No. In estate proceedings, attorney's fees
fees is in the nature of an action are not the obligation of the estate but of
commenced by a lawyer against his client the individual heirs who individually hired
for attorney's fees, hence, docket fees their respective lawyers. The lawyer should
should have been priory paid before the collect from the heirs distributes who
court could lawfully act on said motion, individually hired him his attorney's fees
and decide it. It may be true that the claim according to the nature of the services
for attorney's fees was but an incident in rendered. (Sesbreno vs. CA; GR No. 105346;
the main case, still, It is not an escape valve September 4, 1992)
from the payment of docket fees because as
in all actions, whether separate or as an Q: What is Extraordinary Attorney’s Fee?
offshoot of a pending proceedings, the
payment of docket fees is mandatory. A: It is an attorney’s fee that may be awarded
by the court as indemnity for damages to
Q: May the court modify an agreement for be paid to a losing party to the prevailing
the payment of attorney's fees? party, such that, in any of the cases

provided by law where such award can be (1) When exemplary damages are awarded;
made, e.g., those authorized in Article 2208 (2) When the defendant's act or omission
of the Civil Code, the amount is payable has compelled the plaintiff to litigate with
not to the lawyer but to the client, unless third persons or to incur expenses to
they have agreed that the award shall protect his interest;
pertain to the lawyer as additional (3) In criminal cases of malicious
compensation or as part thereof. prosecution against the plaintiff;
(4) In case of a clearly unfounded civil
Q: What is the nature of an award of action or proceeding against the plaintiff;
extraordinary attorney's fees under Art. (5) Where the defendant acted in gross and
2208 of the Civil Code? evident bad faith in refusing to satisfy the
plaintiff's plainly valid, just and
A: An award of attorney's fees as an item of demandable claim;
damages is the exception rather than the (6) In actions for legal support;
rule, and counsel's fees are not to be (7) In actions for the recovery of wages of
awarded every time a party wins a suit. household helpers, laborers and skilled
The power of the court to award attorney's workers;
fees under Article 2208 of the Civil Code (8) In actions for indemnity under
demands factual, legal and equitable workmen's compensation and employer's
justification, without which the award is a liability laws;
conclusion without a premise, its basis (9) In a separate civil action to recover civil
being improperly left to speculation and liability arising from a crime;
conjecture. The court must explicitly state (10) When at least double judicial costs are
thereof the legal reason for the award of awarded;
attorney's fees. (Central Azucarera de Bais vs. (11) In any other case where the court
CA; GR No. 87597; August 3, 1990) deems it just and equitable that attorney's
fees and expenses of litigation should be
Q: What is the basis in awarding recovered.
extraordinary attorney’s fees?
In all cases, the attorney's fees and
A: Article 2208 of the New Civil Code of the expenses of litigation must be reasonable.
Philippines states the policy that should (PNCC, vs. Apac Marketing Corporation; GR
guide the courts when awarding attorney's No. 190957; June 5, 2013)
fees to a litigant. As a general rule, the
parties may stipulate the recovery of Q: What is Ordinary Attorney’s Fee?
attorney's fees. In the absence on such
stipulation, this article restrictively A: It is an attorney’s fee which represent the
enumerates the instances when these fees reasonable compensation paid to a lawyer
may be recovered, to wit: by his client for the legal services he
rendered to the latter.

he deserves,” is applied if a lawyer is

Q: May a lawyer collect fees for services employed without a price agreed upon for
rendered to his client despite the absence his services. In which case, he would be
of an agreement to pay attorney’s fees? entitled to receive when merits for his
services, as much as he has earned. (Traders
A: Yes, it is based on quantum meruit but it Royal Bank v. NLRC; GR No. 120592; March
can be tempered by the court if it is 14, 1997)
unconscionable.
Q: In the absence of a written contract
Q: What are the factors to be considered in between the lawyer and the client, what
determining attorney’s fees? factors are to be considered in
determining the amount of attorney’s
A: The following - fees?
a) The time spent and the extent of the A: The factors in determining the amount to
services rendered or required; be awarded as attorney's fees on a
b) The novelty and difficulty of the quantum meruit are: 1. The importance of
questions involved; the subject matter of the controversy; 2. The
c) The importance of the subject matter; extent of the services rendered; and 3. The
d) The skill demanded; professional standing of the lawyer (Sec. 24,
e) The probability of losing other Rule 138 RoC)
employment as a result of acceptance of the
proffered case; Q: Is a contingent contract valid?
f) The customary charges for similar
services and the schedule of fees of the IBP A: Yes, it is valid and is generally recognized
chapter to which he belongs; as valid and binding but must be laid
g) The amount involved in the controversy down in an express contract. The amount
and the benefits resulting to the client from of contingent fee agreed upon by the
the service; parties is subject to the stipulation that
h) The contingency or certainty of counsel will be paid for his legal services
compensation; only if the suit or litigation prospers. A
i) The character of the employment, much higher compensation is allowed as
whether occasional or established; and contingent fee in consideration of the risk
j) The professional standing of the lawyer. that the lawyer may get nothing if the suit
(Rule 20.01 CPR) fails. Contracts of this nature are permitted
because they redound to the benefit of the
Q: When is the principle of quantum meriut poor client and the lawyer especially in
applied? cases where the client has meritorious
cause of action, but no means with which
A: Quantum Meruit which means “as much as to pay for legal services unless he can, with

the sanction of law, make a contract for a the compensation of the lawyer will only
contingent fee to be paid out of the be due if the subject case handled by the
proceeds of the litigation. Oftentimes, the latter turn out to be successful. To be
contingent fee arrangement is the only enforceable, it must be in writing.
means by which the poor and helpless can
seek redress for injuries sustained and have Q: What are the differences between a
their rights vindicated. (Sesbreno vs. CA; GR champertous contract and a contingent
No. 105346; September 4, 1992) fee?
Q: What is a Champertous Contract? A: In a champertous contract, the attorney

undertakes to bear all expenses incident to
A: It is a contract between a stranger and a the litigation. This is not true in contingent
party to a lawsuit, whereby the stranger fee contracts. Champertous fees are
pursues the party’s claim in consideration payable only in kind, out of the properties
of receiving part or any of the proceeds - recovered; whereas, contingent fees may be
recovered under the judgment; a bargain paid in cash. Champertous contracts are
by a stranger with a party to a suit, by void as against public policy and the ethics
which such third person undertakes to of the profession; whereas, contingent fee
carry on the litigation at his own cost and contracts are valid. (Canons of Professional
risk, in consideration of receiving, if Ethics)
successful, a part of the proceeds or subject
sought to carry on the action at its own Q: Client X and Attorney Y had a handshake
expense in consideration of some bargain agreement on a contingency fee by way of
to have part of the thing in dispute. attorney’s fees. When the time came for X
(Sampliner v. Motion Pictures Patents; 225 F. to pay Y, they had a disagreement on the
242) percentage agreed upon. X argued that
they had agreed on a 12% fee while Y
Q: Is the execution of a champertous contract insisted on 50% of the total claims.
allowed?
Should Y be awarded the 50%?
A: No. It is prohibited because it is against
public policy and violates the fiduciary A: No. Although a contingent fee arrangement
relationship between the lawyer and his is generally valid and binding, it must be
client, for which the former must incur laid down in an express contract. The
administrative sanction. amount of contingent fee agreed upon by
the parties is subject to the stipulation that
Q: What is a Contingent Fee? counsel will be paid for his legal services
only if the suit or litigation prospers. A
A: It is a fee which arises from an agreement much higher compensation is allowed as a
between the lawyer and the client whereby contingent fee in consideration of the risk

that the lawyer may get nothing if the suit of his interest in the verdict to the sacrifice
fails. In this case, Client X and Attorney Y of that of his client in violation of his duty
did not have an express contract as regards of undivided fidelity to his client’s cause.”
the payment of fees; they only had a
handshake agreement. (Cortez v. Cortes; In addition to its champertous character,
A.C. No. 9119; March 12, 2018) the contingent fee arrangement violates
Rule 42 of the Canons of Professional
Q: Spouses A filed a case against Spouses B Ethics, which states that a lawyer may not
for a sum of money and voiding of properly agree with a client that the lawyer
contract of sale. Spouses A hired Attorney shall pay or beat the expense of litigation.
C, who made an oral contingent fee (Heirs of Cadavedo v. Lacaya; G.R. No. 173188;
agreement with them that he would cover January 15, 2014)
all the litigation expenses of the case in
exchange for one-half of the subject lot Q: While her trial against Spouses F was
should they win the case. ongoing, Client D dismissed Attorney E
as her counsel. Attorney E filed a
Was this a valid contingent fee complaint in intervention against D,
agreement? alleging that his discharge was without
justifiable cause and with clear intent of
A: No. The agreement for an attorney’s fee avoiding payment of his attorney’s fees.
consisting of one-half of the subject lot is
champertous and contrary to public policy. A. Was Attorney E’s complaint in
Any agreement by a lawyer to “conduct the intervention the correct course of action?
litigation in his own account, to pay the
expenses thereof or to save his client B. Assuming the trial court reaches a
therefrom and to receive as his fee a partial decision and terminates the
portion of the proceeds of the judgment is principal due to approval of a
obnoxious to the law.” The rule of the compromise agreement between Client D
profession that forbids a lawyer from and Spouses F, will the complaint in
contracting with his client for part of the intervention for dismissal of attorney
thing in litigation in exchange for without justifiable cause be dismissed as
conducting the case at the lawyer’s expense well?
is designed to prevent the lawyer from
acquiring an interest between him and his A: A. Yes. Section 26, Rule 138, Revised Rules
client. To permit these arrangements is to of Court, provides that if the contract
enable the lawyer to “acquire additional between the client and his counsel has been
stake in the outcome of the action which reduced to writing and the dismissal of the
might lead him to consider his own attorney was without justifiable cause, he
recovery rather than that of his client or to shall be entitled to recover from the client
accept a settlement which might take care the full compensation stipulated in the

contract and may in the discretion of the nature of actual damages, which must be
court intervene to protect his rights. duly proved. They are also subject to the
(Camacho v. CA; G.R. No. 79564; November following standards: (1) they must be
24, 1989) reasonable, that is to say, they must have a
bearing on the importance of the subject
B. No. In this case, there was no such final matter in controversy; (2) the extent of the
or complete dismissal but rather an services rendered; and (3) the professional
approval of a compromise agreement standing of the lawyer. In all cases, they
affecting only the interests of Client D and must be addressed in a full-blown trial and
Spouses F, but not those of Attorney E. The not on the bare word of the parties. (Lacson
clear intent of the lower court in making a v. Reyes; G.R. No. 86250; February 26, 1990)
partial decision is to make a reservation to
determine the rights of the intervenor. Q: Is a lawyer referring a case to another still
There may be nothing much left to be done entitled to fees?
with respect to the main case but as far as
the proceedings in the trial court are A: Yes. A laywer shall in cases of referral, with
concerned, the controversy therein has not the consent of the client, be entitled to a
been fully settled and the disposition of the division of fees in proportion to the work
case is incomplete. As a general rule, performed and responsibility assumed.
however, intervention is only collateral or (Rule 20.02 CPR)
ancillary to the main action, and the final
dismissal of the principal action results in Q: Atty. Atayde is the counsel of Damaso in
the dismissal of said ancillary action. (Ibid.) a civil case. The trial court in said case
rendered a judgment against Damaso. On
Q: Attorney G filed a motion for attorney’s appeal, Atty. Atayde asked Damaso for
fees against Client H, alleging that the P2,000 for the filing of the appeal brief.
client had agreed to pay P68,000 for his However, the appeal brief was never
legal services rendered but failed to do so. filed, and consequently, the Court of
It was found that this amount was Appeals dismissed the appeal.
excessive for the services he rendered. Furthermore, Atty. Atayde did not move
Can the courts thus determine the amount for reconsideration, thus, causing the trial
of attorney’s fees to be paid to Attorney court's decision final and executory. Is
G? Atty. Atayde remiss in his obligations
towards his client?
A: Yes. In the absence of an agreement as to
the amount of the attorney's fees, the courts A: Yes. Canon 18 and Rule 18.03 of the CPR
are authorized to determine the amount to ordain:
be paid to an attorney as reasonable
compensation for his professional services. CANON 18 - A lawyer shall serve his client
In that connection, attorney's fees are in the with competence and diligence.

also the lawyer's duty to give information

Rule 18.03 - A lawyer shall not neglect a as to why the case was dismissed. To be
legal matter entrusted to him, and his clear, a lawyer need not wait for their
negligence in connection therewith shall clients to ask for information but must
render him liable. advise them without delay about matters
essential for them to avail of legal
When a lawyer agrees to act as a counsel, remedies. A lawyer so engaged to
he guarantees that he will exercise that represent a client bears the responsibility of
reasonable degree of care and skill protecting the latter's interest with utmost
demanded by the character of the business diligence. The lawyer bears the duty to
he undertakes to do, to protect the clients' serve his client with competence and
interests and take all steps or do all acts diligence, and to exert his best efforts to
necessary therefor. (Sta. Maria v. Atty. protect, within the bounds of the law, the
Atayde; AC No. 9197; February 12, 2020) interest of his or her client. Accordingly,
competence, not only in the knowledge of
Q: More than 500 holders of bottle caps with law, but also in the management of the
"349" markings of Pepsi Cola, supposed cases by giving these cases appropriate
winners of a promo contest, hired Atty. attention and due preparation, is expected
Diocos as legal counsel for their from a lawyer. (Aboy v. Atty. Diocos; AC No.
complaint against Pepsi Cola Company 9176; December 5, 2019)
for specific performance, sum of money,
breach of contract and damages. The case (b) Yes. Atty. Diocos is guilty of violating
was filed in court but was dismissed for Rule 18.03 and 18.04, Canon 18 of the Code
lack of cause of action. No appeal was of Professional Responsibility. He should
made. It appears that Atty. Diocos failed have notified his clients of the adverse
to inform his clients about the dismissal decision within the period to appeal to give
and the steps that can be taken next his clients time to decide whether to seek
within the allowable period for appeal. an appellate review. The failure of his
Atty. Diocos, however, argues he was not clients to pay him fees warrant abandoning
paid his attorney's fees. the case. (Ibid.)
(a) What is the duty of lawyers to their Q: Unsatisfied with the Labor Arbiter's
clients vis-a-vis the dismissal of the case award of disability benefits, Mr.
the case they are handling Katipunan engaged Atty. Carrera as his
(b) Is Atty. Diocos administratively liable counsel from the NLRC proceedings all
for violating the Code of Professional the way to the Supreme Court.
Responsibility?
By Resolution, the Supreme Court denied
A: (a) It is not enough that lawyers inform Mr. Katipunan's petition. Atty. Carrera
their clients of the dismissal of the case. It is received a copy of the resolution but

failed to inform Mr. Katipunan about it. Shocked, Berna sent him a Demand Letter
Atty. Carrera did not file a motion for requesting an accounting of fees and a
reconsideration within 15 days from refund. Atty. Andres again did not
notice, thus, allowing the resolution to comply for several months throughout
lapse into finality. multiple promises to pay. When he
stopped replying entirely, Berna
In Atty. Carrera's defense, he narrated that instituted an administrative complaint.
he chose not to file a motion for
reconsideration in Mr. Katipunan's case In his comment, Atty. Andres said that he
because, to his discretion, there was no had tried to return Berna's money before
new issue, and matter or evidence to offer he left town for a work trip. He claimed
for the purpose of convincing the Court to that he had endorsed the reimbursement
favorably rule for his client anymore. of the legal fees with his law office, but
when he returned, he was surprised to
Is Atty. Carrera's inaction justified? find that the envelope containing this
money was untouched and still in the
A: No. Complainant is entitled to the benefit office.
of any and every remedy and defense
authorized by law, and is expected to rely May Atty. Andres be held
on the lawyer to assert every such remedy administratively liable for failing to
or defense. A lawyer is not in the position return Berna's money?
to rule on the merits of his or her
complainant's case. Neither can a lawyer A: Yes. Where a client gives money to his
unilaterally decide whether to forego the lawyer for a specific purpose, such as: to
very last remedy available to his or her file an action, to appeal an adverse
client. (Katipunan v. Atty. Carrera; A.C. No. judgment, to consummate a settlement, or
12661; February 19, 2020) to pay a purchase price for a parcel of land,
the lawyer, upon failure to spend the
Q: Atty. Andres was retained by Berna to money entrusted to him or her for the
handle her civil case for annulment of purpose, must immediately return the said
marriage. Since Berna was in the US, she money entrusted by the client. A lawyer is
sent Andres $1,700.00 as a down payment obliged to hold in trust money of his client
for legal fees. For several months that may come to his possession. As trustee
however, she received no update on the of such funds, he is bound to keep them
case. A year later, when she finally got to separate and apart from his own. Money
talk to Atty. Andres, she terminated their entrusted to a lawyer for a specific purpose
agreement and requested a return of her such as for the filing and processing of a
money. Atty. Andres refused and claimed case if not utilized, must be returned
that he had already used all the money to immediately upon demand. Failure to
prepare the petition for annulment. return gives rise to a presumption that he

has misappropriated it in violation of the

trust reposed on him. And the conversion Q: Mina consulted Atty. Luther on his fees to
of funds entrusted to him constitutes gross file a case against Nardo, an illegal settler
violation of professional ethics and betrayal staying on a parcel of land owned by
of public confidence in the legal profession. Mina's family. Upon learning the details
(Bondoc v. Atty. Licudine; AC No. 12768; June of Mina's situation, Atty. Luther gave his
23, 2020) rates and a few days to decide whether to
retain him. A week later however, Mina
Q: Dante and Atty. Enrico had an agreement found out that Atty. Luther had become
over the sale of a property with Dante the legal counsel of Nardo in the case
handing over P100,000.00 as earnest filed by her family's company against
money and setting a due date for one Nardo. The case was amicably settled and
month later to pay a P400,000.00 down Mina's company gave money and a parcel
payment. However, when Dante of land to Nardo. Betrayed, Mina filed a
requested for documents pertaining to the complaint against Atty. Luther for
property, Atty. Enrico repeatedly failed to violating the rule on conflict of interest.
present these. When the agreed due date
came, Atty. Enrico demanded the down Did Atty. Luther violate the rule on
payment but Dante did not give this due conflict of interest?
to the lawyer's failure to give the
particular details of the property. Dante A: Yes. The lawyer-client relationship between
asked for a return of his money but Atty. the parties already attached during their
Enrico insisted that he was not obliged to initial meeting. The Supreme Court stated
return this since Dante failed to pay on that the lawyer-client relationship begins
the due date. from the moment a client seeks the
lawyer's advice whether for consultation
Is Atty. Enrico's claim valid? on transactions or other legal concerns, or
for representation of the client in an actual
A: No. A lawyer must exercise good faith in case in the courts. From that moment on,
all his dealings, whether in his professional the lawyer is bound to respect the
or private capacity. Atty. Enrico acted relationship and to maintain the trust and
deceitfully by failing to disclose material confidence of his client. Thus, Atty. Luther
facts and documents pertaining to the violated the rule on conflict of interest,
property. "Deceitful" means the proclivity when he represented Nardo in the
for fraudulent and deceptive unlawful detainer case filed by Mina's
misrepresentation, artifice or device that is company. (Legaspi v. Atty. Gonzales; AC No.
used upon another who is ignorant of the 12076; June 22, 2020)
true facts, to the prejudice and damage of
the party imposed upon. (Aguinaldo v. Atty. Q: Orly sought help from Atty. Pedro in
Asuncion; AC No. 12086; October 7, 2020) filing an action for specific performance

with damages. When Atty. Pedro lost in submitted documents in support of his
the trial court, he appealed to the CA. case against the company.
After that, Orly never heard from him
again. Two years later, Orly got news that Adelfa Properties then filed an
his appeal was dismissed due to non- administrative case against Atty.
filing of his brief despite notice, which Mendoza alleging that “the documents
had been sent twice. The notices had been submitted by Atty. Mendoza in the illegal
returned unclaimed because the addressee dismissal case violates the attorney-client
had moved. When Orly confonted Atty. privilege.”
Pedro about this, Pedro blamed Orly for
not checking the status of the case and Is the contention of Adelfa Properties
having lost communication with him. correct?
Can Orly file a complaint against Atty. A: No. The filing of the illegal dismissal case
Pedro? against complainant, and the disclosure of
information in support thereof is not per se
A: Yes. The handling lawyer must make a violation of the rule on privileged
certain that the appeal brief is filed on time communication because it was necessary in
and that it is his responsibility inform the order to establish his cause of action
CA of the change in his mailing address. In against complainant. (Adelfa Properties v.
this case, if Atty. Pedro had done so, he Atty. Mendoza; AC No. 8608; October 16,
would have received the CA's notices 2019)
requiring him to file the appellant's brief.
His negligence caused Orly's case to be Q: Prudencio B. Portuguese filed a complaint
dismissed. This negligence is contrary to against his counsel, Atty. Jerry R. Centro
the mandate in Rule 18.03, Canon 18 of the in his case pending before the RTC for
Code of Professional Responsibility which gross negligence, abandonment, and
enjoins lawyers not to neglect a legal dereliction of duty. Despite several
matter entrusted to him. Orly can thus file follow-ups of Portuguese, Atty. Centro
a complaint against Atty. Pedro for failed to do the following: file
negligence in violation of Rule 18.03. Portuguese’ memoranda, file any
(Alcantara v. Atty. Samuel Salas; AC No. pleading to contest the Motion for
3989; December 10, 2019) Execution; notify him of the scheduled
hearing on the Motion for Execution; and
Q: Adelfa Properties dismissed Atty. inform him about the trial court's
Mendoza as its in-house counsel because resolution granting the Motion for
of Atty. Mendoza’s alleged poor Execution.
performance. This prompted Atty.
Mendoza to file an illegal dismissal case Is Atty. Centro's unjustifiable negligence
against Adelfa properties and further and abandonment of his client's cause

violative of the Lawyer's Oath as well as HIS CLIENT WITH COMPETENCE AND
the CPR? DILIGENCE.
A: Yes. Atty. Centro casually set aside a legal Rule 18.03 -A lawyer shall not neglect a
matter that was entrusted to him and legal matter entrusted to him, and his
which deserved his full attention and negligence in connection therewith shall
diligence. He was grossly negligent of his render him liable.
duty as counsel and was manifestly
disinterested in his client's cause. He must Rule 18.04 -A lawyer shall keep the client
be reminded that as a lawyer, he is duty- informed of the status of his case and shall
bound to serve his client with competence, respond within a reasonable time to the
and to attend to his client's cause with client's request for information. (Portuguese
diligence, care and devotion. This is v. Atty. Centro; AC No. 12875; January 26,
because a lawyer owes fidelity to his 2021)
client's cause and must always be mindful
of the trust and confidence reposed on him. Q: Dr. Sison consulted Atty. Dumlao, his
friend, for the purpose of filing an
In this regard, the following Canons and annulment case against his wife. He
Rules of the CPR are applicable: deposited P35,000.00 in Atty. Dumlao's
bank account for a psychiatric evaluation
CANON 11 - A LAWYER SHALL fee. However, after nine months, Atty.
OBSERVE AND MAINTAIN THE Dumlao failed to give any updates on the
RESPECT DUE TO THE COURTS AND TO filing of the case. Eventually, Dr. Sison
JUDICIAL OFFICERS AND SHOULD lost interest in filing the case, and instead
INSIST ON SIMILAR CONDUCT BY wrote a demand letter to Atty. Dumlao for
OTHERS. the return of the money. Atty. Dumlao
refused.
Rule 12.03 - A lawyer shall not, after
obtaining extensions of time to file Atty. Dumlao reasons she had referred Dr.
pleadings, memoranda or briefs, let the Sison to Mr. Domenden, a psychologist to
period lapse without submitting the same whom the P35,000.00 was paid. Dr. Sison
or offering an explanation for his failure to was able to meet and consult with him,
do so. and a Psychological Evaluation Report
was later emailed to him. Furthermore,
CANON 17 - A LAWYER OWES FIDELITY Dr. Sison's wife is actually Atty. Dumlao's
TO THE CAUSE OF HIS CLIENT AND HE 5th cousin and his wife's mother
SHALL BE MINDFUL OF THE TRUST approached Atty. Dumlao to ask her not
AND CONFIDENCE REPOSED IN HIM. to handle the case for conflict of interest.
CANON 18 - A LAWYER SHALL SERVE Is there a lawyer-client relationship

between Dr. Sison and Atty. Dumlao in Retainership Agreement, where HGC
this case? endorsed accounts for judicial and
extrajudicial collection. Consequently,
A: Yes. A lawyer client relationship is HGC provided ESP and XYZ Law Firm
established when a lawyer voluntarily the necessary documents for collection
entertains a consultation; regardless of the and litigation purposes. HGC claimed
close relationship between the parties or that the Collection Retainership
the absence of a written contract or non- Agreement was renewed annually for
payment of legal fees. several years, until HGC and ESP agreed
to terminate their contractual relationship
While respondent may later refuse to in 2013.
represent complainant, it was still
incumbent upon respondent to inform On the other hand, Atty. Tagayuma (one
complainant that she would no longer be of the partners of ESP and XYZ Law Firm)
able to represent him. Even though it may is also the president of BSCDC, a
be true that respondent did not profit from construction and development company.
complainant since Mr. Domenden In 2012, BSCDC initiated an arbitration
confirmed his receipt of P35,000.00 for the case against HGC. The complaint which
psychological evaluation fee, this will not was filed to initiate such proceedings was
excuse the lawyer from administrative signed by Atty. Tagayuma.
liability for violating Canon 18, Rules 18.03
and 18.04 of the Code of Professional Because of the foregoing events, HGC
Responsibility, as well as her oath to render filed an administrative case against Atty.
"all good fidelity" to her client. As in a Tagayuma for violating the rule on
similar case, she must be made liable for conflict of interests.
her inexcusable negligence. (Sison v. Atty.
Dumlao; AC No. 11959; April 28, 2021) (a) What are the tests in determining if
there is a conflict of interest?
Q: HGC, a government-owned and (b) Did Atty. Tagayuma violate the rule
controlled corporation had a large volume on conflict of interest?
of receivables. This necessitated the
procurement of services of an external A: (a) The following:
collection agency to improve its collection
efficiency. HGC thus engaged ESP 1. There is conflict of interest if the lawyer
Collection Agency, which was represents both opposing parties in an
represented by Atty. Panopio jointly with issue or claim. Stated differently, "if a
XYZ Law Firm. lawyer's argument for one client has to be
opposed by that same lawyer in arguing
Later, HGC and ESP jointly with the XYZ for the other client, there is a violation of
Law Firm entered into a Collection the rule."

2. There is conflict of interest if the Q: May a lawyer withdraw his services

acceptance of a new relation or without the consent of the client?
engagement will prevent the lawyer from
faithfully performing his duties to a client. A: A client has the absolute right to relieve his
3. There is conflict of interest if the lawyer, counsel at any time with or without cause.
in a new relation, would be called upon to In contrast, the counsel, on his own, cannot
use against a former client any confidential terminate their attorney-client relation
information he has acquired through their except for sufficient cause as determined
connection or previous employment. This by the court. (Mercado v. CHED; GR No.
test specifically applies to situations where 178630; November 27, 2012)
the professional relationship with a former
client was already terminated when the Q: In what instances may a lawyer withdraw
lawyer was engaged by a new client. his services?
(Home Guaranty Corp v. Atty. Tagayuna; GR
No. 13131; February 23, 2022) A: In any of the following instances:
(b) No. There is no conflict of interest (a) When the client pursues an illegal or
under any of the above tests: immoral course of conduct in connection
with the matter he is handling;
1. As for the first test: Atty. Tagayuna
merely signed the complaint as president (b) When the client insists that the lawyer
of BSCDC to verify it. Further, XYZ Law pursue conduct violative of these canons
Firm and ESP were engaged by HGC for and rules;
collection purposes only; there is no proof
that the Law Firm handled matters that (c) When his inability to work with co-
were related to the arbitration case. counsel will not promote the best interest
2. As for the second test: It is not applicable of the client;
in the given problem. The factual
circumstances did not include allegations (d) When the mental or physical condition
of respondents' acceptance of a new of the lawyer renders it difficult for him to
relation while being counsel of HGC that carry out the employment effectively;
prevented them from faithfully performing
their duties to it. There is no showing that (e) When the client deliberately fails to pay
BSCDC is a new client of XYZ Law Firm. the fees for the services or fails to comply
3. As for the third test: There is no proof with the retainer agreement;
that XYZ Law Firm, in a new matter, used
against HGC confidential information (f) When the lawyer is elected or appointed
acquired from their previous relation. to public office; and
(Ibid.)
(g) Other similar cases. (Rule 22.01 CPR)

Attorney J filed a notice of appeal which

Q: What is the procedure in the substitution the trial court approved. Plaintiff K
of a lawyer? moved to dismiss the appeal as Client L
ceased to have legal personality and
A: For a valid substitution of counsel, the Attorney J’s authority to represent him
following requisites must concur: There was terminated upon his demise. The CA
must always be filed: dismissed the appeal.
1. A written application for substitution; Was the CA’s dismissal of the appeal
2. The written consent of the client to the valid?
substitution;
3. The written consent of the attorney A: YES. Under Sections 16 and 17, Rule 3 of
substituted if such can be obtained; the Rules of Court, it is the duty of the
4. In case such written consent cannot be attorney for the deceased defendant to
procured there must be filed with the inform the court of his client's death and to
application for substitution proof of the furnish the court with the names and
service of notice of such motion in the residences of the executor, administrator,
manner required by the rules of the or legal representative of the deceased. The
attorney to be substituted. (Olivares v. rules operate on the presumption that the
Colegio De San Jose; GR No. L-6156; June attorney for the deceased party is in a
30, 1955) better position than the attorney for the
adverse party to know about the death of
Q: What are the duties of a lawyer who his client and to inform the court of the
withdraws his services or is discharged? names and addresses of his legal
representative or representatives.
A: A lawyer who withdraws or is discharged
shall, subject to a retainer lien, immediately When no such notice of death is ever made,
turn over all papers and property to which the court could not be expected to know or
the client is entitled, and shall cooperative take judicial notice of the death without the
with his successor in the orderly transfer of proper manifestation from his counsel. The
the matter, including all information fault or negligence is the counsel’s alone.
necessary for the proper handling of the (Heirs of Regoso v CA; G.R. No. 91879 July 6,
matter. (Rule 22.02 CPR) 1992)
Q: Attorney J was counsel for the defense of

a case for judicial partition of property.
His Client L, however, soon died in 1985.
The trial court was not informed of the SUSPENSION, DISBARMENT AND
death until the decision had been DISCIPLINE OF LAWYERS
promulgated in 1988. A week later,

A: No. Considering the foregoing, there is no

need to resolve the merits of the case and
Q: May the Court further impose the penalty determine whether or not "Atty. Patrick
of suspension upon a disbarred lawyer? Caronan" is guilty of the violations
imputed against him. After all, disciplinary
A: No. Once a lawyer is disbarred, there is no proceedings conducted by the IBP are
penalty that could be imposed regarding reserved only for those belonging in the
his privilege to practice law. But while the legal profession. Clearly, respondent is not
Court can no longer impose the penalty and was never a member of the bar. Hence,
upon the disbarred lawyer, it can still give the penalty of disbarment is not available
the corresponding penalty only for the sole to him. Besides, AA and Reyes's prayer
purpose of recording it in his personal file that respondent be forever barred from the
with the Office of the Bar Confidant (OBC), law practice and his name stricken off the
which should be taken into consideration Roll of Attorneys was already imposed
in the event that the disbarred lawyer upon respondent as among his penalties in
subsequently files a petition to lift his the earlier case. (AA Total Learning Center
disbarment. (Valmonte v. Quesada, Jr.; AC for Young Achievers v. Atty. Caronan; AC. No.
No. 12487; December 4, 2019) 12418; March 10, 2020)
Q: What quantum of evidence is required to Q: Zenaida filed a disbarment case against

justify the imposition of administrative Atty. Tadena. In her complaint, Zenaida
penalties on a member of the Bar? alleged that Atty. Tadena and her client,
Leonardo, went to her condominium
A: His guilt must first be established by building. There, the two intimidated
substantial evidence or that amount of Zenaida’s bodyguard, Afable, forcibly
relevant evidence that a reasonable mind entered Zenaida’s unit and stole her
might accept as adequate to support a personal effects found therein. Zenaida
conclusion. (Tumbaga v. Teoxon; AC No. presented Afable as her witness.
5573; November 21, 2017)
For her part, Atty. Tadena denied the
Q: Atty. Patrick Caronan's real name is allegations against her and pointed to the
"Richard A. Caronan." He assumed the fact that Afable failed to declare Atty.
identity of his brother, Patrick A. Tadena’s supposed misconduct in the
Caronan, and used his school credentials police reports.
to obtain a law degree. In an earlier case,
his name was already dropped and Will the case against Atty. Tadena
stricken off from the roll of attorneys. prosper?
Will another disbarment case against him
prosper? A: No. In administrative proceedings,
complainants bear the burden of proving

the allegations in their complaints by of Bernasconi for the cost’s refund, Atty.
substantial evidence. Here, Zenaida failed Demaisip was not able to return the full
to discharge that burden. Her bodyguard sum prompting Bernasconi tofile a
and witness curiously failed to declare criminal complaint against Atty.
Atty. Tadena's alleged misconduct in his Demaisip for violation of Batas Pambansa
police reports. Neither did he explain the Blg. 22 and estafa. Years later, Bermasconi
reason for his omission. (Martin-Ortega v. withdrew his complaint against Atty.
Atty. Tadena; AC No. 12018; January 29, Demaisip.
2020)
Is Atty. Demaisip exempted from all
Q: In a disbarment case against him, Atty. liabilities upon withdrawal of the case
Viaje was accused of employing filed against him?
underhanded methods to increase his
share of stocks in a corporation, A: No. Complainant’s desistance or
prioritizing his own personal interest to withdrawal of the complaint does not
the prejudice of the stockholders. For his exonerate Atty. Demaisip or put an end to
part, Atty. Viaje did not even care to rebut administrative proceedings. A case of
the allegations and pieces of evidence suspension or disbarment may proceed
against him. He merely indicated an regardless of interest or lack of interest of
inventory of his success as counsel for the the complainant. (Bernasconi v. Atty.
said corporation. Demaisip; AC No. 11477; January 19, 2021)
From the foregoing, can Atty. Viaje Q: Discuss the Supreme Court’s power to
overcome the case against him? grant reinstatement to a disbarred lawyer.
A: No. When the integrity of a member of the A: When exercising its inherent power to
bar is challenged, it is not enough that he grant reinstatement, the Court should see
denies the charges against him; he must to it that only those who establish their
meet the issue and overcome the evidence present moral fitness and knowledge of the
against him. He must show proof that he law will be readmitted to the Bar. Thus,
still maintains that degree of morality and though the doors to the practice of law are
integrity, which at all times is expected of never permanently closed on a disbarred
him. (Puno v. Atty. Viaje; AC No. 12085; attorney, the Court owes a duty to the legal
February 26, 2020) profession as well as to the general public
to ensure that if the doors are opened, it is
Q: Jaime filed an administrative complaint done so only as a matter of justice." (Nunez
against Atty. Belleza for her failure to v. Atty. Ricafort; AC No. 5054; March 2, 2021)
deliver any transfer certificate of title to
Bernasconi despite full payment of the Q: George filed a Petition for Declaration of
cost of transfer. Allegedly, upon demand Nullity of marriage and his lawyers

signed into this petition that contained

many falsities. While there was no Is Atty. Wilmer also liable for his actions
conspiracy between respondents, Atty. in the Philippines?
Bayaua nevertheless violated Section 3,
Rule 7 of the Rules of Court. By signing A: Yes. According to Section 27, Rule 138 of
the pleadings presented to him by Atty. the Revised Rules of Court, the disbarment
Abrajano, Atty. Bayaua in effect certified or suspension of a member of the
that he has read it, and knew it to be Philippine Bar by a competent court or
meritorious. Moreover, he also tolerated other disciplinary agency in a foreign
Atty. Abrajano's commission of jurisdiction where he has also been
unauthorized practice of law thereby admitted as an attorney is a ground for his
violating Canon 1, Rules 1.01 and 1.02, disbarment or suspension if the basis of
and Canon 9 of the Code of Professional such action includes any of the acts
Responsibility. enumerated in the rule, one of them being
grossly immoral conduct. In this case, Atty.
Is Atty. Bayaua's offense so gross to Wilmer's misappropriation of his client's
amount to disbarment? money and issuance of bad checks violates
Canon 16 and Rules 16.01, 16.02, and 16.03
A: No. Disbarment is the most severe form of of the CPR and constitutes grossly immoral
disciplinary action for a lawyer. In the conduct.
exercise of its sound discretion, the
Supreme Court is inclined to impose a less Due to this and in accordance with Rule
severe punishment if through it, the end 138 of the Rules of Court, the judgment,
desire of reforming the errant lawyer is resolution or order of the foreign court or
possible. In this case, Atty. Bayaua's offense disciplinary agency is prima facie evidence
is not so gross as to justify removal from of the ground for disbarment. (In Re: Atty.
the legal profession, so a penalty other than Lopez; AC No. 7986; July 27, 2021)
disbarment may satisfactorily forewarn
him and the other members of the Bar to be Q: Flor and Atty. Mario were married in
more cautious and diligent in the practice 1987. Because the spouses frequently
of their profession. (Sps. Maliwat-Mariano v. quarreled, they executed an undertaking
Atty. Abrajano and Atty. Bayaua; AC No. in 2002 that they will live separately.
12690; April 26, 2021) However, this was merely a ploy by Atty.
Mario to consummate his desire to live
Q: Atty. Wilmer, a Filipino lawyer who had with Ruth. Out of his affair with Ruth,
been admitted to both the Philippine Bar two children were born.
and the State Bar of Texas, was disbarred
in Texas in 2002 for misconduct through In 2004, despite the subsisting prior
misappropriating funds in his client's marriage with Flor, Atty. Mario entered
trust account and issuing bad checks. into a contract of marriage with Ruth,

which was solemnized under Muslim his act is reprehensible and cannot be
rites. countenanced. (Id.)
The recent turn of events prompted Flor Q: Despite repeated demands, Atty. Contado
to file a disbarment case against Mario. In failed to return the vehicle he took from
response, Atty. Mario argued that he Cristina. This prompted Cristina to file an
cannot be held administratively liable administrative case against Atty. Contado
because of his conversion to Islam in the before the IBP.
year 2000.
After investigation, the IBP recommended
(a) What is the nature of disbarment to the Supreme Court that Atty. Contado
cases? be subjected to discriplinary action and
(b) Is Atty. Mario administratively liable? that he be ordered to return Cristina’s
(c) Assuming that Atty. Mario was indeed vehicle.
converted to Islam in the year 2000, would
that free him from any liability? May the Court order Atty. Contado to
return the subject vehicle?
A: (a) Disbarment cases are sui generis;
neither purely civil nor purely criminal. A: No. The Court cannot order Atty. Contado
Disbarment cases are an investigation by to return the vehicle, as this is not the
the court into the conduct of its officers. As proper forum. The instant case is a
long as the quantum of proof in disciplinary proceeding, the issue of which
disciplinary proceedings against lawyers is is confined on whether Atty. Contado is
established, liability already attaches. (Juni still fit to continue to be a member of the
v. Juni; AC No. 11599; August 3, 2021) Bar. Matters that have no relation to the
lawyer's administrative liability, such as
(b) Yes. A married person's abandonment those civil or criminal nature, should be
of his or her spouse in order to live and resolved in a proper proceeding, not in an
cohabit with another constitutes administrative proceeding. As Atty,
immorality. The fact that the illicit partner Contado's failure to return the subject
is himself or herself married compounds vehicle is civil in nature (or may even be
the immorality. (Ibid.) criminal in nature), the Court cannot
properly order him to return the vehicle in
(c) No. Even if Atty. Mario indeed this case. The proper remedy would be a
converted to Islam, he cannot deny the fact civil or criminal case before the trial courts
that he had an illicit affair with Ruth, who for its recovery. (Hosoya v. Atty. Contado;
was also married which resulted to the AC No. 10731; October 5, 2021)
birth of his two children in the subsequent
years, undisputedly during the subsistence
of his marriage with complainant. Clearly,

A: A law student who has applied for and

secured the following certifications:
STUDENT PRACTICE RULES
RULE 138-A 1. Level 1 certification, for law students
who have successfully completed their
first-year law courses; and/or
2. Level 2 certification, for law students
Q: What activities are covered by the Clinical currently enrolled for the second semester
Legal Education Program (CLEP)? of their third-year law courses; Provided
however, where a student fails to complete
A: It consists of learning activities covered by all their third-year law courses, the Level 2
Rule 138-A undertaken in either: certification shall be deemed automatically
revoked (Sec. 3)
1. Law clinic; or
2. Externship, which shall incorporate the Q: Until when is a certification valid?
teaching of legal theory and doctrines,
practical skills, as well as legal ethics (Sec. A: Until the student has completed the
2[a]) required number of courses in the CLEP to
complete the law degree, unless sooner
Q: When is an activity an “externship” revoked (Sec. 3 Rule 138-A)
within the meaning of Rule 138-A?
Q: What are the practice areas of law student
A: If it: practitioners?
1. Allows students to engage in legal work A: For Level 1 Certification:

for the marginalized sectors or for the
promotion of social justice and public (1) Interview prospective clients;
interest, and (2) Give legal advice to the client;
2. It is undertaken with any of the (3) Negotiate for and on behalf of the client;
following: (4) Draft legal documents such as
affidavits, compromise agreements,
(a) The courts, the IBP, contracts, demand letter, position papers,
government offices; and and the like;
(b) Law school-recognized (5) Represent eligible parties before quasi-
NGOs (Sec. 2[b]) judicial or administrative bodies;
(6) Provide public legal orientation; and
Q: Who may be permitted to engage in any (7) Assist in public interest advocacies for
of the activities of the CLEP of a law policy formulation and implementation.
school? (Sec. 4)

For Level 2 Certification: (a) evaluate the application together

(1) Perform all activities under Level 1 with its attachments, and
Certification; (b) recommend to the OCA the
(2) Assist in the taking of depositions approval and issuance of the
and/or preparing judicial affidavits of certification. If the Executive Judge
witnesses; finds the application to be incomplete,
(3) Appear on behalf of the client at any the law school shall be notified and
stage of the proceedings or trial, before any required to comply with. (Sec. 5)
court, quasi-judicial or administrative
body; Q: What are the duties of Law Student
(4) In criminal cases, subject to the Practitioners acting under a certification?
provisions of Section 5,Rule 110 of the
Rules of Court, to appear on behalf ofa A: The following:
government agency in the prosecution of
criminal actions; and (a) Observe the provisions of Section 24(b),
(5) In appealed cases, to prepare the Rule 130 of the Rules of Court;
pleadings required in the case. (Ibid.) (b) Be prohibited from using information
acquired in one's capacity as a law student
Q: What is the procedure in applying for a practitioner for personal or commercial
certification? gain;
(c) Perform the duties and responsibilities
A: 1. The law student must submit a duly- to the best of one's abilities as a law student
accomplished application form under oath practitioner; and
in 3 copies, accompanied by proof of (d) Strictly observe the Canons of the Code
payment of the necessary legal and filing of
fees. Professional Responsibility. (Sec. 6)
2. The law school, through the dean or the
authorized representative, shall submit to Q: May a Law Student Practitioner sign
the Office of the Executive Judge of the briefs, pleadings, letters, and other similar
RTC having jurisdiction over the territory documents under the authority of a
where the law school is located, the duly- certification?
accomplished application form together
with an endorsement under oath. A: Yes. A law student practitioner may sign
3. For Level 1 Certification, the Executive briefs, pleadings, letters, and other similar
Judge of the RTC shall evaluate, approve, documents which the student has
and issue the certification within 10 days produced under the direction of the
from receipt of the application. supervising lawyer, indicating the law
4. For Level 2 Certification, within 10 days student practitioner's certificate number.
from receipt of the application, the (Sec. 7)
Executive Judge of the RTC shall:

Q: What are the duties of law schools under practitioners as far as practicable;
Rule 138-A? (b) Personally appear with the law student
practitioner in all cases pending before the
A: The following: second-level courts and in all other cases
the supervising lawyer determines that his
The law school, through its dean or or her presence is required;
authorized representative, must: (c) Assume personal professional
responsibility for any work performed by
(a) Develop and adopt a Clinical Legal the certified law student practitioner while
Education Program; under his or her supervision;
(b) Develop and establish at least one law (d) Assist and advise the certified law
clinic in its school; student practitioner in the activities
(c) Endorse qualified students for authorized by these rules and review such
certification as law activities with the certified law student
student practitioner under this Rule. Such practitioner, all to the extent required for
endorsement shall constitute as a the proper practical training of the certified
certification that the dean or authorized law student practitioner and the protection
representative knows that the applicant is a of the client;
student enrolled in the Clinical Legal (e) Read, approve, and personally sign any
Education course, possesses good moral pleadings, briefs or other similar
character, and has met the requirements of documents prepared by the certified law
Section 3 of this Rule; and student practitioner prior to the filing
(d) Ensure compliance by law student thereof, and read and approve any
practitioners and supervising lawyers with documents which shall be prepared by the
the Code of Professional Responsibility. certified law student practitioner for
(Sec. 9) execution by the eligible party; and
(f) Provide the level of supervision to the
Q: What is the qualification of a supervising certified law student practitioner required
lawyer? by these rules. (Sec. 11)
A: He must be a member of the bar in good Q: What acts by the Law Student Practitioner
standing (Sec. 10) are considered unauthorized practice of
law?
Q: What are the duties of a supervising
lawyer? A: The following:
A: The following: 1. Engaging in any of the acts provided in

Section 4 of Rule 138-A without the
(a) Supervise such number of certified law necessary certification or without the
student consent and supervision of the supervising

lawyer;
2. Making false representations in the
application for certification;
3. Using an expired certification to engage
in the limited practice of law;
4. Rendering legal services outside the
scope of the
practice areas allowed under Section 4;
5. Asking for or receiving payment or
compensation for services rendered under
the CLEP;
6. Other analogous circumstances; and
7. Engaging in acts considered as
unauthorized practice of law under
existing laws, rules, regulations, and
circulars. (Sec. 13)
Q: What is the effect of a Law Student

Practitioner’s unauthorized practice of
law?
A: It shall be a ground for revocation of the

certification and/or disqualification for a
law student from taking the bar
examination for a period to be determined
by the Supreme Court (Sec. 13)
- Nothing follows -


UCGN Legal Ethics 2022

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UCGN Legal Ethics 2022

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University of the Cordilleras

Atty. Rev. Pascual Agusto Carlo Teodoro

University of the Cordilleras

and for enjoying the privilege to practice

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person to be admitted to the Bar?

1. Citizen of the Philippines; 1. Payment of annual membership dues in

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Q: In what proceedings are lawyers 7. Government prosecutors (Lim-Santiago v.

A: The following: Q: Who are the public officers who are

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the government except when the

THE LAWYER AND SOCIETY Q: What is the doctrine of non-dichotomy of

A: That a lawyer is not allowed to divide his

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condition that, should he pass, he shall generated negative reactions and

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Ruthie Lim-Santiago. Sagucio was service in the discharge of their official

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violation of his oath as a lawyer, then he Novaliches Proper also receiving a

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and academic. him and his companies. He also narrated

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forum-shopping by filing criminal cases

A: (a) The following: A: No. If the probate of a will is dismissed, the

A: No, they are independent of the contingent

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he deserves,” is applied if a lawyer is

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Q: What is a Champertous Contract? A: In a champertous contract, the attorney

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also the lawyer's duty to give information

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has misappropriated it in violation of the

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CANON 18 - A LAWYER SHALL SERVE Is there a lawyer-client relationship

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2. There is conflict of interest if the Q: May a lawyer withdraw his services

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Attorney J filed a notice of appeal which

Q: Attorney J was counsel for the defense of

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A: No. Considering the foregoing, there is no

Q: What quantum of evidence is required to Q: Zenaida filed a disbarment case against

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signed into this petition that contained

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A: A law student who has applied for and

1. Allows students to engage in legal work A: For Level 1 Certification: